SC/ST PROMOTION - SUPREME COURT VERDICT

WHAT RECENTLY HAPPENED?

 A constitutional bench of supreme court made rules very easy for SC/ST so that they can get promotion very easily in Government jobs.

 Here, Supreme court modified 2006 M.Nagaraj Judgment.
Image result for SC/ST Promotion Supreme Court Verdict

 FROM WHERE ALL THIS STARTS ?

 In 1992, Supreme court gave judgement on case called 'Indra Sawhney & Others  Vs. Union of India case' OR 'Mandal case'  [ OBC RESERVATION]

 In this, Supreme court told there is no need to creamy layer test for SC/ST. They will get quota/reservation in government jobs. That was Good News for SC/ST and SC/ST welcome this scheme.

 Like, In OBC Reservation, if a person is in a Creamy Layer - He/she will not get any reservation. But in SC/ST - If a person is in Creamy Layer - Still he/she get reservation (as per 1992 SC Judgement)

 Also, In 1992, SC told, There is no need of Reservation in Promotion for SC/ST

As Since, 1950 SC/ST enjoying the facility of reservation in appointment and promotion in Government jobs.

 REASON GIVEN BY SC - FOR STRIKING DOWN THE RESERVATION IN PROMOTION IN 1992
 
The reasoning was that Reservation exist to create a level-playing field, to remedy unequal starting positions, Thereby removing the justification for promotion quotas

 The court used the light of Article 335 to justify this.

 So, after this verdict in 1992, so many SC/ST leaders protests. And government came in action.

 The government further opined that reservation of the SC's and ST's in the services in the state have not reached the required level.

 And Thus, Government Passed article 16(4A) to the constitution. in 1995

 So Basically Article 16(4A) overruled the 1992 Supreme court judgement

So again in 1995, SC/ST get facility of reservation in promotion as well.

 In 2006 - M Nagaraj Case came -and which challenged 16(4A) by considering the validity of 77th amendment.

Then,  again in 2006 Supreme court put some provisions for SC/ST if they want to avail the facility of reservation in Promotion.

 Here, Supreme court added that - If any state wants to give reservation in Promotion to SC/ST They need to follow below criteria :-

 1) The state would have to demonstrate the backwardness.[[i.e. prove with data]
2) Inadequacy of representation. 
3) Maintenance of efficiency. [make sure efficiency of administrator not decrease as we are not giving promotion to merit students]

 PRESENT JUDGEMENT IN 2018

 There was a case going on [Jarnail Singh V/s Lachhmi Narain Gupta]  - Basically a plea to revisit the N.Nagaraj case of 2006.

 Center Government also in favour of this.

VERDICT 2018

So, in 2018  SC removed two conditions out three which SC put in 2006 case.

Below two conditions removed in 2018 verdict :-

 1) States were not required to collect quantifiable data
2) And No need to study efficiency of administrator whether it will put any impact of administrator efficiency, There is no need to study.

 But third condition is still same i.e inadequate representation in higher cadre (which the can easily prove)

 Also, SC told that Quota in Promotion is Okay, But Remove the creamy layer of SC/ST in reservation in Promotion.

 For more information, you can access below links:

 https://www.indiatoday.in/india/story/supreme-court-reservation-job-promotions-1349478-2018-09-26

 https://economictimes.indiatimes.com/news/politics-and-nation/supreme-court-refuses-to-refer-to-7-judge-bench-its-2006-verdict-on-sc/st-job-promotion/articleshow/65960548.cms

 https://timesofindia.indiatimes.com/india/sc/st-job-promotion-quota-supreme-court-says-no-need-to-collect-data/articleshow/65960334.cms
Above Information is as per data available in news till the date when I am posting this. For Other Topics visit - http://learn2ogether.blogspot.com

Comments

Post a Comment

Popular posts from this blog

CHINA , US - HACKING ISSUE - CAN WE TRUST BLOOMBERG'S REPORT ?

Image
WHAT HAPPENED RECENTLY ? Bloomberg reported that China had inserted tiny chips into computer equipment manufactured for about 30 US companies, including Apple and Amazon , to steal its technologies secret , citing government and corporate sources . The report further said that the chips were used in equipment made for various US companies and government agencies. The magazine claimed that members of the 'People's Liberation Army'( China's Army ) snuck rice grain-sized microchips onto these key IT infrastructure components during the manufacturing process. BLOOMBERG'S SOURCES ? Bloomberg said its reporting derived from 17 unnamed sources , including "senior Apple insiders" and "senior national security officials". So,we can't say Bloomberg's sources are 100% accurate. HOW ALL THESE STARTED? The story starts with two smaller hardware suppliers : 'Elemental and Supermicro'  Elemental i
Read more

BCCI UNDER RTI - IS IT THE RIGHT THING TO DO?

Image
WHAT JUST HAPPENED ? BCCI comes under RTI act. The Board of Control for Cricket in India (BCCI) is now covered under the RTI Act and answerable to the people of the country under its mechanism, the Central Information Commission ruled recently. The decision not taken by SC or High Court . The decision taken by Central Information Commission.( CIC )   CIC - Central Information Commission  The Central Information Commission has been constituted with effect from 12-10- 2005 under the Right to Information act 2005 (RTI) POWERS OF CIC The commission has certain powers and functions mentioned in section 18,19,20 and 25 of the RTI Act, 2005 If someone ask information from RTI and he/she did not get adequate information. So, person can came to CIC in second appeal for giving information. They own-self ask any body to disclose the information (Suo moto disclosures). If any department told someone that you can't file RTI in this department, Then that person c
Read more

WHAT IS PROJECT DRAGON FLY ? WHY GOOGLE WANT TO START DRAGONFLY PROJECT IN CHINA ?

Image
Background : Dragonfly is an Internet search engine app being prototyped by Google. We know GOOGLE is banned in China Due to 'Dragonfly Project' Google as a company is experiencing   ' moral and ethics crisis'. We all know Google by its values i.e. to support Freedom and to support not to censored the things by any government which is being searched by people (except the porn). NOW - Google is compromising with all these things in project 'Dragon Fly' Due to this hundreds of employees at the tech company, who are protesting the development of a censored search engine for internet users in China. About 1,400 Google employees — out of the more than 88,000 — signed a letter to company executives this week, seeking more details and transparency about the project and demanding employee input in decisions about what kind of work Google takes on. They also expressed concern that the company is violating its own ethical principles. DRAGO
Read more