States not bound to provide reservation in appointments, promotions: Supreme Court

New Delhi : Union Minister Thawar Chand Gehlot said in Parliament on Monday that the Centre had nothing to do with the Supreme Court's ruling that States are not bound to provide reservation in appointments and promotions and there is no fundamental right to claim quota in promotions, forcing an irate Opposition to walk out.

"The Centre was never made a party to the case, nor were we asked to present any declaration. The matter arose due to a decision taken by Uttarkhand government in 2012. There was Congress government in the state at that time," Gehlot said in the Lok Sabha.

The Minister told the Lok Sabha that it would take "appropriate steps" following the Supreme Court''s ruling on reservation in jobs and promotions for SCs/STs after considering the issue at the highest level.

The Supreme Court in its judgment last Friday had said that there is "no fundamental right which inheres in an individual to claim reservation in promotions."

The opposition Congress has demanded that the union government either file a review petition in the Supreme Court or amend the Constitution to make reservation a fundamental right in the wake of the recent apex court order.

Meanwhile, after the opposition lashed out at the government over the SC ruling on reservations in job promotions, Social Justice Minister Thaawarchand Gehlot defends the centre. "Order on quota was passed on a 2012 Uttarakhand govt decision when the Congress was in power in the state," he said.

Congress leader Priyanka Gandhi Vadra attacked the BJP, alleging that the ruling party was weakening the equal rights given to Dalits and tribals by the Constitution.

"Understand the BJP's bid of ending reservation -- 1. RSS people consistently make statements against reservation. 2. The BJP government of Uttarakhand makes an appeal in the Supreme Court to abolish the fundamental right to reservation. 3. Uttar Pradesh government also immediately starts tampering with the rules of reservation," she said.

In DNA of RSS, BJP to erase reservation: Rahul

"They (the RSS and BJP) wake up every morning and this (reservation) irritates them, except it is in our Constitution, and these rights are guaranteed by our Constitution.

You have seen that they are arguing (in court) that it (reservation) is not a fundamental right. So it is their DNA to try and erase it. We will not allow reservation to be done away with, no matter how much Modi Ji or Mohan Bhagwat dream of it," Congress leader Rahul Gandhi told reporters in a sharp offensive.

One of the BJP's allies also nudged it to take some action. "Lok Jan Shakti Party does not agree with the Supreme Court's decision that reservations for jobs, promotions, is not a fundamental right. We urge the Centre to intervene in this matter," said the party's Chirag Paswan in Lok Sabha.

The RSS said reacted to Rahul Gandhi's statement that it wants to erase reservations, saying, the Congress leader was lying.

Rashtriya Swayamsevak Sangh spokesperson Manmohan Vaidya said that Rahul Gandhi was lying and there is no impression among Indians that the RSS is anti-reservation. Vaidya said, "The RSS has always made its stand clear on the issue (of caste-based reservations and quotas).

"The RSS supports Constitution-enabled reservations. The RSS has often said so. If Rahul Gandhi is lying about it (the RSS's stand on reservations), there is no need to respond to such lies."

Former Finance Minister and senior Congress leader P. Chidambaram dared the BJP to "own up" the Supreme Court judgement which said that quota in promotions for government jobs is not a fundamental right. Chidambaram said if the saffron party does not agree with it "let it say" and "spell out the corrective measure".

In a series of tweets, Chidambaram said, "The government and the BJP cannot distance themselves from the Supreme Court''s judgement on reservation not being mandatory."

"If the BJP does not agree with the judgement, let it say so and spell out the corrective measures," he said. Hitting out at the BJP government, the Congress leader said that the BJP government of Uttarakhand put forward the argument that was accepted by the Court.

"BJP must own up to the judgement and tell us if it will allow the declaration of law to remain unchallenged," he added.

Defence Minister Rajnath Singh, speaking over noisy protests in the Lok Sabha, lashed out at the Congress for "politicising" the subject, reminding the party that it was in power in 2012 in Uttarakhand when the state decided to fill government posts without quotas to Scheduled Casts and Scheduled Tribes.

The government-opposition crossfire erupted after the Congress and the Left called for discussions in both houses on the Supreme Court order.

When a member remarked that the Constitution was under threat, Speaker Om Birla said the Constitution was "not under threat but the dignity of the House was".

The Congress said the Supreme Court order was a blow to the "essence of reservation" in the Constitution and that the rights of Scheduled Caste and Scheduled Tribes had been constantly under threat during the BJP rule.

Protest to expose 'anti-quota' ideology of BJP, RSS

The Congress will hold a countrywide protest on February 16 to expose the "anti-quota" ideology of the BJP and the RSS, said Congress General Secretary (Organisation) K.C. Venugopal on Monday.

In a circular issued to all the state units and the frontal organisations, Venugopal said, "As you are well aware that the BJP and the Sangh Parivar ideology is opposed to the reservations for SC, ST and OBC communities.

The BJP has been systematically attacking the provision of reservations for SC, ST and OBC through various statements and actions for the last many years."

The Dravida Munnetra Kazhagam (DMK) President M. K. Stalin said the BJP-led Central government should take steps to protect reservation and social justice.

In a Facebook post Stalin said ever since the BJP came to power at the centre, there has been a threat to the reservation policy.

He further wrote, the anti-reservation utterances of Central ministers and the Sangh Parivar that controls the Central government has resulted in lot of confusion.

Hence, the Central government should take necessary steps to protect the reservation for backward and most backward classes, scheduled caste and scheduled tribes, Stalin said.

Meanwhile, Lok Sabha Speaker Om Birla cautioned TMC member Mahua Moitra against making undue remarks during debates and casting aspersions on the chair's impartiality during proceedings of the House.

The Speaker's comments came after Moitra made certain remarks on the chair after she was not given an opportunity to ask a supplementary question on the country's growth rate during the Question Hour.

"Honourable member, please don't make undue comments and that too when sitting in someone else's seat. Whether I am impartial or not, the House will decide...," he said, expressing his displeasure over Moitra's comments which was not audible in the din.