Recently, the Supreme Court of India reiterated that reservation is not a fundamental right but an enabling provision under the Constitution. While Articles 16(4) and 16(4-A) empower the State to provide reservations in appointments and promotions, they do not mandate it in every selection process.
Constitutional Provisions on Reservation
Article 16(4) – Reservation in Appointments
Empowers the State to provide reservations in public employment for backward classes that are underrepresented in government services.
The provision does not guarantee reservation but gives the government the discretion to implement it based on necessity.
Article 16(4-A) – Reservation in Promotions
Introduced through the 77th Constitutional Amendment Act, 1995, it allows the State to provide reservations in promotions for Scheduled Castes (SCs) and Scheduled Tribes (STs) in government jobs.
Key Supreme Court Observations
Reservation is not a fundamental right but an enabling provision to promote social justice.
The State is not obligated to provide reservation but must justify its decision with quantifiable data.
Reservation cannot be claimed as a matter of right in every recruitment or promotion process.
Judicial Precedents on Reservation
Indra Sawhney Case (1992) – Upheld 50% reservation cap and clarified that reservation is not a fundamental right.
M. Nagaraj Case (2006) – Stated that reservation in promotions requires quantifiable data on backwardness and inadequate representation.
Jarnail Singh Case (2018) – Removed the requirement of proving backwardness for SC/STs in promotions but upheld the need for quantifiable data.
Impact on Reservation Policy
States must conduct data-based assessments before granting or withdrawing reservation benefits.
General category candidates may challenge arbitrary reservations if the State fails to justify them with data.
Reservation remains a policy decision rather than a constitutional obligation.
Relevance for UPSC CSE
This topic is essential for Prelims and Mains (GS-2) under:
Indian Constitution & Polity – Understanding the scope and limitations of reservation.
Judicial Interpretations & Landmark Judgments – Role of Supreme Court in shaping reservation policy.
Governance & Social Justice – The impact of reservation on affirmative action and inclusive development.
UPSC Practice Question
With reference to reservation in public employment, consider the following statements:
Article 16(4) mandates the State to provide reservation to backward classes.
Article 16(4-A) was added by the 77th Constitutional Amendment to allow reservation in promotions for SCs and STs.
The Supreme Court has ruled that reservation is a fundamental right under the Constitution.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2, and 3
Conclusion
While reservation is a crucial tool for social justice, it is not an absolute right. The government has the discretion to implement or withdraw reservation policies based on empirical data. Ensuring a balanced approach is key to maintaining equality of opportunity while addressing historical disadvantages.
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