Context: Reservation is not a fundamental right guaranteed under the Constitution of India, observed the Supreme Court on while dismissing a clutch of petitions regarding 50 per cent reservation for OBCs in medical seats in Tamil Nadu.
Key Points

• All political parties from Tamil Nadu had filed a writ petition in the Supreme Court seeking direction to the Centre to implement 50% Other Backward Class (OBC) reservation in the all-India NEET seats surrendered by the state.
• They have accused the Centre of “violating the right of the people to have a fair education” by neither implementing the 50% quota for OBC in Tamil Nadu nor providing 27% reservation for OBC candidates in other states for the All India Quota seats.
• However, the Supreme Court pointed that a writ petition under Article 32 of the Constitution can be filed only in case of violation of fundamental rights.
• The Court observed that the Right to Reservation is not a fundamental right.
• Earlier, the Court had ruled that reservation in promotion is not a fundamental right.
• The fundamental rights have been classified under the six categories- Right to Freedom, Right to Equality, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational rights and Right to constitutional remedies.
• They are mentioned in Part III (Articles 12 to 35) of the Indian Constitution.

What does the Constitution say on reservations?

• Article 14 of the Constitution guarantees equality before the law and equal protection of laws to everyone.
• Similarly, Article 16(1) and 16(2) assure citizens equality of opportunity in employment or appointment to any government office.
• Article 15(1) generally prohibits any discrimination against any citizen on the grounds of religion, caste, sex or place of birth.
• However, Articles 15(4) and 16(4) state that these equality provisions do not prevent the government from making special provisions in matters of admission to educational institutions or jobs in favour of backward classes, particularly the Scheduled Castes (SCs) and the Scheduled Tribes (STs).
• Article 16(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.

Article 32 (Right to Constitutional Remedy)

• The right to move the SC by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed under this article.
• The SC shall have the power to issue directions or orders or writs any of the FRs.
• Parliament can empower any other court to issue directions, orders and writs of all kinds (for HC, under 226).
• The right to move the Supreme Court shall not be suspended except by the President during a national emergency (Article 359).
• Supreme Court has been vested with the powers to provide a remedy for the protection of the FRs.
• Only FRs can be enforced under Article 32 and not any other like non-fundamental constitutional rights, statutory rights, customary rights etc.