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Congress gives notice in Parliament against SC verdict on quota

The Congress on Monday gave notice in the Rajya Sabha under rule 267 for suspension of business against the SC verdict on promotion quota. Similar adjournment motion was moved in the Lok Sabha supported by left parties.

Congress leader Udit Raj alleged that, “Modi government is taking away the reservation through courts and its not nayay palika but brahmin palika.”

The Congress has alleged that the essence of the reservation in the Constitution has received a blow after the Supreme Court decision on the issue of reservation in appointments and promotions, and alleged that the rights of SC/ST communities have been constantly under threat during the BJP rule.

Congress General Secretary Mukul Wasnik, on Sunday, had said: “This has come out only recently… the Parliament is in session and tomorrow (Monday) when the Parliament will meet certainly I do believe that some of our members will take up the issue… and when the parliament session gets over, we will see how the situation unfolds.”

The Supreme Court in a judgement held that there is no fundamental right to claim reservation in promotion and states are not bound to provide reservation in appointments.

A bench of Justices L. Nageswara Rao and Hemant Gupta said: “In view of the law laid down by this court, there is no doubt 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.”

The top court observed the state government has the absolute discretion to decide whether or not to provide for reservation in appointments or reservation in promotions. Also, the state government is not under any obligation to do so.

The verdict came on pleas regarding the Uttarakhand government’s September 5, 2012 decision, when the Congress was in power in the hill state, to fill up all posts in public services in the state without providing reservations to SCs/STs.

“We would like to know from this Modi Government, whether it believes that the right to reservation for Scheduled Castes and Scheduled Tribes in government employment is a fundamental right or not. We would like to know from this Government of India, whether it is the constitutional duty of the government to provide reservation for Scheduled Castes and Scheduled Tribes in government employment or not,” said Wasnik.

Congress spokesperson Udit Raj, who was also present, accused the BJP government of turning against Dalits and reservation.

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