GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
UNSTARRED QUESTION NO-101
Reservation in promotion to SCs and STs
101 . SHRI NARENDRA KUMAR KASHYAP
(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?
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.
Above statement has been submitted by Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office in reply of undermentioned Rajya Sabha Question.
Source: Rajya Sabha Q&A