Appointment as right: on Supreme Court judgment

It is rather reasonable that a recent Supreme Court judgment, that there is no fundamental right to claim reservation in promotions, has caused some political alarm. The received knowledge in affirmative action jurisprudence is that a series of Constitution changes and judgments have actually created a sound legal framework for reservation in public employment, subject to the fulfilment of specific constitutional requirements. And that it has strengthened into a privilege for the backwards classes, consisting of the SCs and STs. However, the latest judgment is a reminder that affirmative action programmes allowed the Constitution circulation from “making it possible for arrangements” and are not rights as such. This legal position is not new. Major judgments– these consist of those by Constitution Benches– note that Post 16( 4 ), on reservation in posts, is enabling in nature. To put it simply, the state is not bound to provide bookings, however if it does so, it mus