The Supreme Court decision that States are not bound to give quota to Scheduled castes and Scheduled Tribes has drawn sharp reaction from several political parties, who have asked the Centre to take steps to protect the interest of the SC/ST communities.
In a verdict delivered on appeals on reservations for SC/ST community members in promotions to Assistant Engineer (Civil) posts in the Public Works Department of the Uttarakhand Government, the Supreme Court said
there was no "fundamental right" that allowed for such claims.
"There is no doubt 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 State Governments to provide reservations," a bench comprising Justices L Nageswara Rao and Hemant Gupta said on February 7.
The Congress, the CPI(M) and Lok Janshakti Party (LJP) on Sunday expressed their disagreements with the apex court.
LJP asked the Union Government to take immediate measures to ensure that the reservation benefits for these communities and other backward classes continue in the same manner as they have been for decades.
"The LJP does not agree with this decision of the Supreme Court. The party demands that the Union Government take immediate measures to ensure that the reservation provision continues in jobs and promotion him the same they have been so far," tweeted LJP President Chirag Paswan .
Paswan expressed his party's disagreement with a Supreme Court decision that States are not bound to give quota to these communities in Government jobs or promotion.
LJP founder and Union Minister Ram Vilas Paswan may raise the issue in a meeting with scheduled castes and tribes MPs on Monday.
"I have invited the SC/ST members of Rajya Sabha and Lok Sabha for a get together at my residence 10th February," he said.
It is a regular meeting which Paswan holds with the parliamentarians of these communities in which they discuss the issues related to their welfare.
The Congress too disagreed with the Supreme Court's decision on the issue of Reservation in appointments and promotions, and alleged that the rights of SC/ST communities are under threat during the BJP rule.
Addressing a press conference at the party headquarters here, Congress general secretary Mukul Wasnik said the party will raise the issue inside and outside parliament.
"We respectfully say that we do not agree with this decision. The rights of Schedule Caste and Schedule Tribes are not secured under the BJP Government," Wasnik said.
"The Congress party believes that the appointment of SC/ST people to government posts should not be at the discretion of governments, but it is the fundamental right conferred by the Constitution," he said.
Concurring with Wasnik , Congress spokesperson Udit Raj, who was also present at the press conference, said the matter shows the contradiction between the BJP-led Government at the Centre and in the State, as the
Centre in a similar case had pushed for reservation in promotions.
Opposing the Supreme Court's Judgment, CPI(M) Polit Bureau on Sunday urged the Centre and State Governments to file review against the judgment.
In a statement, the party also said that Parliament should also intervene on this interpretation of the apex court on the reservation in recruitment and promotion to protect the rights of SC, SCT and OBC.
"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," said CPI(M) Polit Bureau, urging all States and Centre to file Review Petition against the judgment.