38.6c New Delhi, India, Friday, August 19, 2022
Top Stories
Interviews Know The Law Book Reviews Videos
About Us Contact Us
Judiciary

Reservations In Promotions For SC/ST: No Need To Collect Quantifiable Data Of Backwardness Says SC. [Read Judgment]

By Lawstreet News Network      Sep 26, 2018      0 Comments      1,156 Views

The Supreme Court today (September 26th, 2018) held that the 2006 judgment in M Nagaraj v. Union of India that deals with reservations in promotion for the SC/ST community need not be referred to a seven-judge Constitution Bench.

The five-judge Constitution Bench headed by Chief Justice Dipak Misra and comprising of Justices Kurian Joseph, R F Nariman, S K Kaul, and Indu Malhotra also held that the states need not collect quantifiable data on backwardness of SC/ST for giving quota in job promotion to SC/ST employees.

The court’s verdict came on petitions filed by the Centre and various state governments questioning the 2006 judgment in the M Nagaraj case in which it was held that government cannot introduce quota in promotion for SC/ST persons in public employment unless they prove that the particular Dalit community is backward, is inadequately represented and such a reservation in promotion would not affect the overall efficiency of public administration.

The Centre has alleged that the 2006 verdict had put unnecessary conditions in granting quota benefits to SC/ST employees and sought the reconsideration of the verdict by a larger Bench.

For the Centre, Attorney General K K Venugopal, arguing in favour of granting quota to SC/ST had said that the SC/ST communities have been facing caste-based discrimination for long and the stigma of caste is attached to them despite the fact that some of them have come up.

Earlier, on August 30, 2018, the Bench had reserved its verdict after hearing various stakeholders, including the Centre, on the matter.



Tags:
Scheduled Caste and Scheduled Tribe
Share this article:


Lawstreet News Network
Editor
     



Leave a feedback about this




Related Posts
View All

TRENDING NEWS


TOP STORIES


ADVERTISEMENT


Lawstreet Advertisement

Signup for Our Newsletter

Get Exclusive access to members only content by email