New Delhi, February 10: A day after the Supreme Court held that there is no fundamental right to claim reservation in promotion and states are not bound to provide reservation in appointments, Congress lawmaker Rahul Gandhi made a scathing attack on the Bharatiya Janata Party (BJP) and its ideological backbone the Rashtriya Swayamsevak Sangh (RSS). Speaking to reporters, Rahul Gandhi said that BJP and RSS want to erase reservation. Budget 2020 Reactions: 'Hollow, Fails to Address Unemployment Crisis', Says Rahul Gandhi.
"BJP and RSS can't stand the idea that Dalits, Tribals and OBCs have reservations. It is in their DNA. They wake up every morning and this irritates them. But these rights are guaranteed by the Constitution. They have attempted to remove the reservation from one way or the other," Gandhi said. The Wayand MP further said that the Congress would never let BJP abolish the reservation. Rahul Gandhi Reiterates 'PM Lies' Comment, Asks People to Decide Who is Lying.
"I want to tell my friends in SC, ST and OBC community that it doesn't matter what fantasy that the RSS and BJP live in, we are not going to allow this to happen," Gandhi added. In a major judgment, the Supreme Court has said that there is "no fundamental right which inheres in an individual to claim reservation in promotions", and also no court can order a state government to provide for reservation to SC/STs.
A bench comprising 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. No mandamus can be issued by the Court directing the State Government to provide reservations."
The apex court also 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.