GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC
GRIEVANCES AND PENSIONS
RAJYA
SABHA
UNSTARRED QUESTION NO-101
ANSWERED
ON-22.11.2012
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?
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.
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 under mentioned Rajya Sabha Question.
