[Marxistindia] SC/ST/OBC Reservations are Mandatory

[news from the cpi(m)]

February 9, 2020

Press Statement

The Polit Bureau of the Communist Party of India (Marxist) has issued 
the following statement:

SC/ST/OBC Reservations are Mandatory

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.