Supreme Court to review reservation in promotion for SC/ST
November 16, 2017The Hon’ble Supreme Court decided to revisit and examine the decade-old judgement passed by the constitution bench on reservation in promotion for schedule castes and schedule tribes in government employment. The court will begin the hearing soon, though the date has not been decided yet.
In 2006, the idea of reservation in Government departments was challenged in the Supreme Court in M Nagraj v. Union of India on the grounds that the policies on which it was laid were discriminatory in nature, a five-judge bench had laid down firm conditions to the government to provide reservation in promotion for the SC/ST communities under Article 16(4B) and 16 (4A). Under Section 16 (4b) the roaster point system could easily give the SC/ST employees a 6-year advantage to reach the top position in a department as compared to an employee belonging to the general category. The rationale behind this was to compensate for the discrimination that backward castes might have faced in govt. jobs. The judgement also stated that the states must make sure that the provisions are laid down only after showing that each case has a compelling reason i.e. if the criteria of “backwardness” as well as “inadequacy of representation” are proved through surveys or census.
Neither the government or the centre have been able to provide determinable data to show the data showing the inadequacies in the public employment, nor held any surveys to figure out if efficiency was compromised at any stage through such reservations to date.
Reservation has always been a volatile issue in the Indian Democracy where different groups have different opinions and the very definition of discrimination is subjective.The situation becomes conflicting as the same constitution that has laid down the provision for equality also provides provisions for reservation in different aspects like jobs, judiciary education etc.
In 2006, the idea of reservation in Government departments was challenged in the Supreme Court in M Nagraj v. Union of India on the grounds that the policies on which it was laid were discriminatory in nature, a five-judge bench had laid down firm conditions to the government to provide reservation in promotion for the SC/ST communities under Article 16(4B) and 16 (4A). Under Section 16 (4b) the roaster point system could easily give the SC/ST employees a 6-year advantage to reach the top position in a department as compared to an employee belonging to the general category. The rationale behind this was to compensate for the discrimination that backward castes might have faced in govt. jobs. The judgement also stated that the states must make sure that the provisions are laid down only after showing that each case has a compelling reason i.e. if the criteria of “backwardness” as well as “inadequacy of representation” are proved through surveys or census.
Neither the government or the centre have been able to provide determinable data to show the data showing the inadequacies in the public employment, nor held any surveys to figure out if efficiency was compromised at any stage through such reservations to date.
Reservation has always been a volatile issue in the Indian Democracy where different groups have different opinions and the very definition of discrimination is subjective.The situation becomes conflicting as the same constitution that has laid down the provision for equality also provides provisions for reservation in different aspects like jobs, judiciary education etc.
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