SC/ST Promotion Supreme Court Verdict
UPSC PERSPECTIVE
Civil Services Mains General Studies Paper 2 under the topic Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions, and basic structure.
BOOST TO SC/ST QUOTA IN PROMOTIONS
Constitution Bench made it easy for SC/ST to get the reservation in promotion for a government job.
BACKGROUND OF THE PREVIOUS JUDGEMENTS
1992 CASE
(Indra Sawhney & Others Vs Union Of India (Mandal case)(OBC Reservation))
Supreme Court said SC/ST will get the reservation in promotion for the government job. No creamy layer test for SC/ST.
Creamy layer test is present in OBC.
RESERVATION IN PROMOTIONS
Supreme Court Article 16 (4) .
Stopped the reservation in the promotion for SC/ST in the job.
Since 1950 there is reservation in promotion.
Indra Sawhney & Others Vs Union Of India
Why Reservation?
SC/ST should get a good start at the institute.
The reasoning was that reservation exists to create a level -playing field, to remedy unequal starting positions, thereby removing the justification for promotion quotas.
The court used the light of Article 335 to justify this.
So, in 1992 reservation in promotion for the government job for SC/ST got stopped.
GOVERNMENT CAME INTO ACTION
Article 16 (4A)
1995 again reservation in promotion in the job again started.
M NAGARAJ CASE
2006: 77th Amendment. Reservation in JOB promotion will continue.
Supreme Court THE CONDITIONS
Article 16(4A) is fine but
Three conditions must be followed
1. The state has to show that the person is really backward.
2. The state have to show that the top admin of bureaucracy has lack of SC/ST people.
3. Proof that administration’s efficiency is not disturbed while providing reservation in promotion for SC/ST.
PRESENT JUDGEMENT SEPTEMBER 2018
Supreme court in the present judgment
(Jarnail Singh vs Lachhmi Narain Gupta)
There is no need to revisit the judgment of M Nagaraj case by 7 judge bench.
VERDICT 2018
1. The person is really backward or not. (State has no need to show this)
2. Department’s condition is deteriorating or not is also not significant.
3. However, states will have to back it with data to show their inadequate representation in the cadre
Supreme Court: Quota in the promotion, OK but keep out creamy layer among SCs, STs
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