As a consequence of the letter by the attorney general that the proposed quota for SCs/STs in promotions can be challenged in courts, the Centre has decided to remove of two critical clauses from the constitution in Parliament. These clauses can make it easy to be challenged in the court.
The government will recommend the removal of the term “inadequate representation”, as mentioned in Article 16 (4) to provide reservation in issues concerning promotion and appointments. Similarly, it will delink the term “efficiency of administration” from the claims of SCs/STs for jobs and promotions, mentioned in Article 335.
The Supreme Court had earlier pointed out that three aspects needs to be looked into for reservations in promotions. These are being backwardness, inadequacy of representation and overall administrative efficiency. Only if these criteria are met then promotions given to people from the Scheduled Castes and Scheduled Tribes would be valid.
Attorney general had written to the Department for Personnel and Training (DoPT), cautioning that the “government may proceed with its bill to amend the constitution for providing reservation to SCs/STs in promotion, but is vulnerable to legal challenges”.
The government will recommend the removal of the term “inadequate representation”, as mentioned in Article 16 (4) to provide reservation in issues concerning promotion and appointments. Similarly, it will delink the term “efficiency of administration” from the claims of SCs/STs for jobs and promotions, mentioned in Article 335.
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