Congress spokesman Udit Raj on Monday has called the Supreme Court as the 'Supreme Caste' over the verdict on the reservation in promotion. In an exclusive interview with Republic TV, accused that the Judiciary has always tried to destroy the safeguard rights on the reservation and the SC Act. Slamming the BJP, Raj said that the BJP government has always been anti-Dalit and anti-reservation.
Speaking to Republic TV Raj said, "See what has happened that time and again judiciary is held at a point to destroy any safeguard right be it reservation or SC Act. When the matter has been cleansed and nine judges bench and 77th amendment act said that reservation is a fundamental right, but the BJP government of Uttarakhand has managed a legal team to argue before SC that it is not a constitutional right. So for a long long time, BJP has become anti-Dalit, anti-poor, and anti-reservation."
"Be it promotion reservation or be it any reservation, why are they against reservation? So many judgments are coming against SC/ST. I am ready to bear the consequences when I'm stating the truth. It is a brahmin's domain, the upper caste domain and this is caste-biased. SC and the higher judiciary have become an independent constitution. It is not the Supreme Court, it is Supreme Caste. The judiciary has cornered us to come out with the fact," he added.
Earlier today taking to micro-blogging site Raj also took out a poll asking people if the Judiciary should be renamed to Janeupalika or Brahaminpalika? In his tweet, he said, What name should the judiciary be given based on their anti-SC / ST / OBC decisions?"
SC/ST/OBC विरोधी फैसलों के आधार पर न्यायपालिका को क्या नाम देना चाहिए ?— Dr. Udit Raj (@Dr_Uditraj) February 10, 2020
The Supreme Court has held that the States are not bound to provide reservation in appointments and there is no fundamental right to claim quota in promotions. The apex court said that this while dealing with pleas regarding Uttarakhand government's September 5, 2012 decision to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes.
"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 reservation. However, if they (state) wish to exercise their discretion and make such provision, the state has to collect quantifiable data showing the inadequacy of representation of that class in public services," a bench of justices L Nageswara Rao and Hemant Gupta said in its verdict.
The government's decision was challenged in the Uttarakhand High Court, which struck it down. Dealing with the appeals against the high court verdict, the top court noted, "It is settled law that the state government cannot be directed to provide reservations for appointment in public posts. Similarly, the state is not bound to make a reservation for Scheduled Castes and Scheduled Tribes in matters of promotions."