With reference to reservation policy in India consider the following statements Right to reservation...........

Indian Polity Judgments and Directives

With reference to reservation policy in India, consider the following statements

Right to reservation or promotion is a fundamental right under the Indian Constitution.
The court directed the exclusion of the creamy layer from the benefits of reservation under the Indira Sawhney judgement.

Select the correct statement.

1 only

2 only

Both

None

Reservation is not a fundamental right. It is a settled law, time and again reiterated by the Supreme Court, that there is no fundamental right to reservation or promotion under Article 16(4) or Article 16(4 A) of the Constitution, rather they areenabling provisions for providing reservation, if the circumstances so warrant. (Mukesh Kumar and Another vs State of Uttarakhand & Ors. 2020)
Under Indira Sawhney judgement, the Court directed the exclusion of creamy layer by way of horizontal division of every other backward class into creamy layer and non-creamy layer.

Hence only statement 2nd is correct.

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