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RESERVATION IN PROMOTIONS (Arguments against Reservation in promotion (Not…
RESERVATION IN PROMOTIONS
Background
Reservation was introduced in the Constitution of India, through Article 16(4) to give protection to deprived sections
the debate over whether it should be limited to initial appointments or extended to promotions has been a bone of contention
Indra Sawhney & Others Vs. Union of India 1992 (covered in “Reservation for Economically Weaker Sections”
M. Nagaraj vs. Union of India Case 2006
Supreme Court validated the state’s decision to extend reservation in promotion for SCs and STs, but gave direction that the state should provide proof on the following three parameters to it
Empirical Data on Backwardness
Empirical Data on Inadequate Representation
Impact on efficiency
about the recent judgement
Centre had alleged that the verdict in the M Nagraj case put unnecessary conditions in granting quota benefits
bench did not make changes about the two other conditions given in the 2006 Nagaraj verdict which dealt with adequacy of representation and administrative efficiency.
court also asked the government to examine the possibility of introducing creamy layer
It declined the demand to refer the case to a 7 judges’ bench to reconsider its 2006 Nagaraj judgement
Arguments against Reservation in promotion
Not a fundamental right
does not ensure the end of social discrimination
Hurts efficiency of administration
Cornering of Benefits
Already adequate reservation: There should not be quota in promotions for higher services as the
measure of backwardness of SC and ST employees is removed once they join government service.
Arguments in favor of Reservation in promotion
False notion of “efficiency”
Skewed SC/ST representation at senior levels
Large number of Vacant posts
Historical disadvantage
Way forward
talks should be conducted with all stakeholders before moving ahead
Currently, there is ambiguity in promotion process. Thus, there is a need for a new