SC verdict on quota in promotion will mislead: Mallikarjun Kharge

Expressing shock at the Supreme Court ruling that reservation is not a fundamental right and states are not bound to provide it, Congress leader Mallikarjun Kharge said that the judgment will mislead the country and demanded that the case be referred to the constitutional bench so that SC/ST, OBC, and other communities can continue to benefit from reservation.

He told reporters that such a judgment - which is in violation of the provisions of Article 16 of the Constitution - manipulates the Constitution even though its provisions are clear.

Noting that such a judgment is due to the improper submission of the case details by government attorneys, he said that it is part of BJP's purposeful ploy to end reservations in the country. "The judgment says that reservation is left to the (discretion of) states and it is not a fundamental right. I personally condemn the decision. Such judgments will mislead the country," he said.

Apart from SC/STs, OBCs and backward communities, people who benefit from 10% reservation to economically weaker sections, will also be affected. Moreover, the ambiguities in the order can be further misinterpreted to prevent appointments and promotions in autonomous bodies, he said.

The judgment, he said, has introduced unnecessary confusion when amendments to Article 16 in the past had made it very clear. "In order to ensure social justice, this order should be amended," he said adding that directions should be issued to all states to ensure reservation in appointment and promotion.

Kharge accused the Centre of taking steps to end reservations in the country. "This is all part of the process," he said.

Since this is a constitutional matter, it should be referred to the constitutional bench, said Mallikarjun Kharge.