• 9964432222
  • Mail Us
  • Appointment
  • Locate Us
  • Chat Now
  • Courses
  • Login
  • Register
Manifest IAS
JournalsOfIndia
Manifest Learning Academy
  • Home
  • SNIPPETSfor Prelims
  • ARTICLESfor Mains
  • BROWSEBY SOURCE
  • DOWNLOADS
No Result
View All Result
  • Home
  • SNIPPETSfor Prelims
  • ARTICLESfor Mains
  • BROWSEBY SOURCE
  • DOWNLOADS
No Result
View All Result
JournalsOfIndia
No Result
View All Result
Home Law & Policy

Reservation in promotion

January 31, 2022
in Law & Policy
Reading Time: 3 mins read
0
Reservation in promotion
169
VIEWS
Share on WhatsAppShare on TelegramShare on Facebook
image_pdfMake PDF

In news– Recently, the Supreme Court has  refused to “lay down any yardstick” for granting reservation in promotion to SCs and STs in government jobs saying determination of their inadequate representation is the discretion of the State.

What did the Supreme Court say?

  • The bench of Justices L Nageswara Rao, Sanjiv Khanna and B R Gavai pointed out that the court even in the past had refused to lay down any yardstick and had left it to states to determine the factors relevant for deciding adequate representation, depending upon the promotional posts in question.
  • The bench said “laying down of criteria for determining the inadequacy of representation would result in curtailing the discretion given to the State Governments. 
  • The court said that “before providing for reservation in promotions to a cadre, the State is obligated to collect quantifiable data regarding inadequacy of representation of SCs and STs” but the exercise of collection of information “cannot be with reference to the entire service or ‘class’/’group’, but it should be relatable to the grade/category of post to which promotion is sought”.
  • Stating that there should be review of the data collected, it said the period of review should be “reasonable”.
  • The bench also said that the Nagaraj judgement “would have prospective effect”.

Its judgements in previous cases-

Mandal judgment/ Indra Sawhney case 1992:

  • This  landmark judgment upheld reservations for Other Backward Classes (OBCs). 
  • However, this judgment also held that reservations in appointments, under Article 16(4) of the constitution, don’t apply to promotions.
  • The Supreme Court upheld the Mandal Commission’s 27 percent quota for backward classes, as well as the principle that the combined scheduled-caste, scheduled-tribe, and backward-class beneficiaries should not exceed 50 percent of India’s population.

M Nagaraj vs Union of India case 2006:

  • It had upheld the Constitutional amendments by which Articles 16 (4A) and 16 (4B) were inserted, saying they flow from Article 16 (4) and do not alter its structure.
  • Article 16 (4A) empowers the State to make provisions for reservation in matters of promotion to SC/ST employees if it feels they are not adequately represented in services, and (4B) enables the State to carry forward the unfilled SC/ST quota of a particular year without clubbing it with the regular vacancies of the year to which it is carried forward to.
  • The Nagaraj ruling also laid down three conditions which the State must fulfil before granting reservation in promotion to SCs and STs, such as the State has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance of Article 335.
  • It is made clear that even if the State has compelling reasons, as stated above, the State will have to see that its reservation provision does not lead to excessiveness so as to breach the ceiling-limit of 50% or obliterate the creamy layer or extend the reservation indefinitely.

Jarnail Singh case:

  • In this case, the court held that the government need not collect quantifiable data to demonstrate backwardness of public employees belonging to the SC/STs to provide reservations for them in promotions.
image_pdfMake PDF
Source: The Indian Express
Tags: News PaperPrelims

Related Posts

Who are puisne judges?

Who are puisne judges?

February 2, 2023
AISHE report

AISHE report

January 31, 2023
Grievance appellate committees to address users complaints against internet-based platforms

Grievance appellate committees to address users complaints against internet-based platforms

January 30, 2023
Euthanasia and a living will

Euthanasia and a living will

January 26, 2023
What is mandatory minimum sentencing?

What is mandatory minimum sentencing?

January 26, 2023
Law on lawyers advertising their work in India

Law on lawyers advertising their work in India

January 25, 2023
What are emergency provisions under the Information Technology Rules, 2021

What are emergency provisions under the Information Technology Rules, 2021

January 24, 2023
NCERT notified India’s first national assessment regulator- PARAKH

NCERT notified India’s first national assessment regulator- PARAKH

January 24, 2023
Rural Health Statistics 2021-2022

Rural Health Statistics 2021-2022

January 23, 2023
17th Annual Status of Education Report (ASER) for 2022

17th Annual Status of Education Report (ASER) for 2022

January 20, 2023
Please login to join discussion

Our Offline Classroom Student

CONGRATULATIONS TO 2021 TOPPERS !!!

Rank 171 Kumar Shivashish
Rank 250 Sahithya
Rank 263 Sumit Kumar Thakur
Rank 311 Deepak Ramachandra Shet
Rank 455 Ravinandan B M

February 2023
MTWTFSS
 12345
6789101112
13141516171819
20212223242526
2728 
« Jan    

Browse by Category

  • Agriculture
  • Disaster Management
  • Economy
  • Environment
  • Ethics
  • Foreign Affairs
  • Geography
  • Governance
  • History
  • Law & Policy
  • Opinion
  • People in News
  • Places in News
  • Science & Tech
  • Security
  • Society
  • Sports
  • Uncategorized

Browse by Tags

AIR All India Radio BBC Business Line Business Standard dow Down to Earth DownToEarth DTE Economic Times ET FAO Financial Express GS-1 GS-2 GS-3 GS-4 Hindustan Times IE India & the world Indian express Indiatoday India today Kurukshetra Livelihoods portal LiveMint Mains News News Paper Newspaper PIB Prelims PRS India RSTV Science Reporter Survey The Hindu The India Express The Indian Express The Print the wire Times of India TOI TOPPERS Yojana
JournalsOfIndia

Our vision is to orient the readers to grasp the facts objectively and analyse critically. In the rush of reaching first to the readers, the websites miss the balanced opinion, which is the need of the hour. We aim to reach the readers with more crispness, preciseness and relevance. We bring the articles in UPSC way for the civil services aspirants and the Wisest Way for general readers.

Categories

  • Agriculture
  • Disaster Management
  • Economy
  • Environment
  • Ethics
  • Foreign Affairs
  • Geography
  • Governance
  • History
  • Law & Policy
  • Opinion
  • People in News
  • Places in News
  • Science & Tech
  • Security
  • Society
  • Sports
  • Uncategorized

Browse by Tag

AIR All India Radio BBC Business Line Business Standard dow Down to Earth DownToEarth DTE Economic Times ET FAO Financial Express GS-1 GS-2 GS-3 GS-4 Hindustan Times IE India & the world Indian express Indiatoday India today Kurukshetra Livelihoods portal LiveMint Mains News News Paper Newspaper PIB Prelims PRS India RSTV Science Reporter Survey The Hindu The India Express The Indian Express The Print the wire Times of India TOI TOPPERS Yojana

Newsletter

The most important UPSC news and events of the day.

Get Journals daily newsletter on your inbox.

© 2020 JournalsOfIndia - A free initiative by Manifest Team.

  • Login
  • Sign Up
  • Home
  • SNIPPETS
  • ARTICLES
  • BROWSE
  • DOWNLOADS
No Result
View All Result

© 2020 JournalsOfIndia - A free initiative by Manifest Team.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In