New Delhi, Feb 9 : The Communist Party of India (Marxist) on Sunday urged the Union government to 'rectify the lacuna', which had led the Supreme Court to pronounce the verdict over the reservation for SC/ST communities in government jobs and promotions, through legislative resolutions. "The politburo of CPM considered this interpretation of the Constitution as being anti-Dalit, anti-tribal and anti-OBCs," the party said in a statement here.
The Left party's response came days after two-member bench of the apex court has interpreted that Article 16 (4) and 16 (4-A) are enabling provisions and there is no fundamental right to claim reservations for the SC/ST/OBCs in government jobs and promotions. The Supreme Court had also set aside 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 CPI(M) said. The party further said that the Union government should 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", it added.
The Supreme Court on Friday, while considering a batch of appeals pertaining to the reservation to SC/ST promotions in the post of Assistant Engineer (Civil) in Public Works Department in Uttarakhand, had said that "the state government is not bound to make reservations'. "There is no fundamental right, which inheres in an individual to claim reservation in promotions.
No mandamus can be issued by the Court, directing the State Government to provide reservations,' said Justices L Nageswara Rao and Hemant Gupta on Friday. 'Not being bound to provide reservations in promotions, the state is not required to justify it's decision on the basis of quantifiable data, showing that there is adequate representation of members of the SC/STs in state services. 'Even if the under-representation of SC/ST in public services is brought to the notice of this Court, no mandamus can be issued by this Court to the state Government to provide reservation,' the bench had further said. (UNI)