(a) whether a Supreme
Court verdict has come wherein the reservation for Scheduled Castes
(SCs) and Scheduled Tribes (STs) in promotions has been held
unconstitutional;
(b) if so, the details thereof;
(c) whether Government has taken any concrete steps to obviate the hurdles being faced in giving promotions to SCs and STs; and
(d) if so, the details thereof? |
| ANSWER |
Minister of State in the Ministry of
Personnel, Public Grievances and Pensions and Minister of State in the
Prime Minister’s Office. (SHRI V. NARAYANASAMY)
(a) & (b): The
Supreme Court in the matter of M.Nagaraj Vs. Union of India has held
that the constitutional amendments made to enable the State to provide
reservation in promotion are constitutionally valid. However, the States
have to collect quantifiable data showing backwardness of the class and
inadequacy of representation of that class in public employment,
keeping in mind maintenance of efficiency, as indicated in Article 335.
Recently, the Supreme Court in the matter of Rajesh Kumar Vs. Uttar
Pradesh Power Corporation Limited has struck down the provision of
reservation in promotion in the employment of State of Uttar Pradesh,
because the aforesaid requirements were not complied with. Earlier also,
on similar ground, the Apex Court in the matter of Surajbhan Meena Vs.
State of Rajasthan had quashed the provision of reservation in promotion
in the employment of State of Rajasthan.
(c) & (d): The
Government of India has already taken required steps to provide
constitutional safeguards to obviate hurdles being faced in giving
promotions to SCs and STs. A Bill, namely, The Constitution (One Hundred
and Seventeenth) Amendment Bill, 2012 has been introduced in the Rajya
Sabha on 5th September, 2012 to provide impediment free reservation to
SCs and STs in promotion. | | | | | | |
|
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