Right To Reservation Is Not A Fundamental Right

INTRODUCTION:

In the last three decades, the discourse around caste-based reservations in India has taken a turn towards hostility. Proponents and opponents of reservations have regularly engaged in heated demonstrations and lobbying for their respective demands.

The Supreme Court, in Mahesh Kumar and Anr v. The State of Uttarakhand¹, deals with question of reservations in promotions for disadvantaged groups in public services. The Apex Court opined that reservations for disadvantaged groups were not fundamental rights, and it would be well within the State's power to not reserve seats after using its discretion. The impact of reservations, as an enabling provision of the Constitution of India, has thus been diluted and left at the discretion of the State.