B.K.GUPTA... (ADVISOR) 03 May 2012

Reservation in promotions sc verdict

Supreme Court"S decision in the matter of Reservations in Promotion ia attached herewith dated

27.04.2012

Reply Follow

5 Replies

B.K.GUPTA... (ADVISOR) 04 May 2012

Government/Parliament trying to do away with

B.K.GUPTA... (ADVISOR) 29 August 2012

The appeal filed by the former Chief Secretary Of Rajasthan against judgment of the Division Bench Of Rajasthan High Court was decided by the Supreme Court today.The decision of the SC may be viewed in the judgment forum-"Contempt Case-reservation-Rajasthan"

B.K.GUPTA... (ADVISOR) 04 September 2012

Cabinet clears reservation in promotions for SC/STs; Mulayam's party opposed:

https://www.ndtv.com/article/india/cabinet-clears-reservation-in-promotions-for-sc-sts-mulayam-s-party-opposed-262791

B.K.GUPTA... (ADVISOR) 04 September 2012

Despite an all-party consensus giving the government a go ahead to bring in a constitutional amendment for reservations in promotions, there are fresh hurdles. Attorney General GE Vahanavati has cautioned the government on this proposal saying it could be easily challenged and may not stand in a court of law.

B.K.GUPTA... (ADVISOR) 09 February 2013

Constitutional Amendment Bill for Reservation in Promotion to SCs and STs

The Rajya Sabha on Monday (December 17, 2012) passed the Constitution (One Hundred Seventeenth Amendment) Bill, 2012. The Bill proposes to amend the Article 16 (4A) of the Constitution of India. The existing Article 16(4A) provides for reservation in promotion to the Scheduled Castes (SCs) and the Scheduled Tribes (STs) which are not adequately represented in the Govt. services. The proposed amendment would amend Article 16(4A) in such a manner that it would obviate the need of collection of quantifiable data about adequacy of representation and backwardness of the class for reservation in promotion to the SCs and the STs.

The Government had introduced a Constitutional Amendment Bill in the Rajya Sabha during the last session so that the SCs and STs may continue to get reservation in promotion as in vogue now.

As a part of the affirmative action, reservation in promotion had been available to the SCs and STs since 1955. However, some of the decisions of the Supreme Court cases such as in Indra Sawhney, Veer Pal Singh Chauhan and S.Vinod Kumar cases had caused certain effects on the scheme of reservation in promotion for SCs and STs. To overcome these effects, four Constitutional amendments, namely, 77th,81st, 82nd and 85th amendments were effected.

The validity of the said amendments was challenged before the Supreme Court. The Supreme Court while deliberating on the issue of validity of Constitutional amendments in case of M. Nagaraj Vs. UoI & Ors (vide judgement dated 19/10/2006 ) observed that the concerned State will have to show in each case the existence of the compelling reasons, namely backwardness, inadequacy of representation and overall administrative efficiency before making provision for reservation.

Relying on the judgement of the Supreme Court in M. Nagaraj Case, the scheme of reservation in promotion in the services of the States of Rajasthan and Uttar Pradesh were quashed by the respective High Courts and these decisions were subsequently upheld by the Supreme Court also.

The Bill will now be taken up for consideration and passing in the Lok Sabha.

1 Like