9 February, 2020
SC/ST/OBC Reservations are Mandatory
The Polit Bureau of the Communist Party of India (Marxist) has issued the following statement:
A two-member bench of the Supreme Court has interpreted that Article 16(4) and 16 (4-A) are enabling provisions and there is no fundamental right to claim reservations for SC/ST/OBCs in government jobs and promotions. The Supreme Court has reversed the Uttarakhand High Court order directing the state government to provide reservations.
While this provision for reservation and promotions may not be a fundamental right, these are constitutional provisions that are mandatory, to be applicable universally in India.
The Polit Bureau of the CPI(M) considers this interpretation of the Constitution as being anti-dalit, anti-tribal and anti-OBCs. It calls upon the Central Government to rectify the lacuna leading to such an interpretation through legislative resolutions in both houses of parliament and set right this lacuna in the Constitution forthwith. All possible legal measures to seek a review of such an interpretation must be explored.
The Polit Bureau of the CPI(M) considers the provisions for reservations and promotions as being obligatory upon all states and Union territories of the Union of India.