SC/ST Quota in Promotions
- A Constitution Bench of the honourable Supreme Court modified the 2006 Judgement in Nagraj Case which requires the state to show quantifiable data to prove the “backwardness” of a scheduled caste/scheduled tribe in order to provide quota in promotion in the matters of public employment.
The five judge Bench led by Chief Justice of India Dipak Misra gives a huge fillip for the government’s efforts to provide “accelerated promotion with consequential seniority” for scheduled Castes/ Scheduled Tribes (SC/ST) members in government services.
What is 2006 Judgement in Nagaraj Case?
The Supreme court in 2006 ruled that while granting reservations to the scheduled castes and scheduled tribes, the state is bound to provide “quantifiable data” on the backwardness of SC/STs before granting them the reservation in promotions.
What has now the supreme court said in 2018?
The supreme court has held that there is no need to provide quantifiable data while granting reservations in promotions to the SC/STs. It also held that the 2006 Nagaraj judgement is “contrary” to the Indira Sawhney Judgement of 1992.
What is Indira Sawhney Judgement of 1992?
In 1992, the honourable supreme court held that SC/STs falls within the bracket of “backward class of citizens”. Therefore, it said that there is no need for a test to determine the social and economic backwardness of these communities.
Thus, the judgement now gives a huge fillip for the government’s efforts to provide “accelerated promotion with consequential seniority” for SC/ST members in the government services.
Prepared by: Sai Eswar Yaswanth