Pattali Makkal Katchi (PMK) founder S. Ramadoss on Friday demanded that the Constitution of India be amended to make ‘Reservation Policy’ a fundamental right. He urged the Centre to pass an ordinance to protect reservations in the Constitution and also to conduct NEET counselling afresh, implementing the 27% reservations for OBCs.
Dr. Ramadoss’ demand comes in the wake of the Supreme Court stating that ‘Reservation is not a fundamental right’ after refusing to hear a petition filed by Tamil Nadu’s political parties seeking 50% reservation for OBCs in all-India NEET seats surrendered by the States.
He observed that Supreme Court and High Courts have been delivering judgements against the reservation policy in the last few years. “While this is against the idea of social justice, this stems from a misunderstanding of certain parts of the Constitution. The reservation policy is mentioned in the Part III of the Indian constitution which itself is related to fundamental rights. This is enough to consider reservation a fundamental right,” said Dr. Ramadoss.
He further clarified that the cases filed by several political parties from Tamil Nadu was not to merely seek reservations in NEET but to highlight that there is a ‘selective discrimination’ in implementing the reservation policy and that this bias should be removed.
“In the all-India NEET quota, Scheduled Castes, Scheduled Tribes and Economically Backward Sections are given reservations. But 27% reservations for OBCs have been denied. PMK’s position is that this is ‘selective discrimination’ against a section of the society,” said Dr. Ramadoss.
He further said Supreme Court stating that ‘Reservation is not a fundamental right’ threatens social justice in India.
“Article 15 (4) uses the word ‘Shall’ while speaking about reservations and reservations in promotions. This makes it clear that reservation is a fundamental right. Despite this if the court says time and again that reservation is not a fundamental right, it becomes necessary to amend the Constitution appropriately,” said Dr. Ramadoss.
He further added that the Central government in the past made appropriate changes in the Constitution and guaranteed reservations whenever the Supreme Court appeared to pass judgements against reservations.
Dr. Ramadoss also the rejected Centre’s argument that the 27% reservation for OBCs in NEET couldn’t be implemented due to the case filed by Saloni Kumari arguing for reservations. “It is not a case against 27% OBC reservations,” he said.
