Reservations policies in India The Reservations in Promotions Bill, 2012

Reservations policies in IndiaThe Reservations in Promotions Bill, 2012Porcko PariAsim AyazVivekanandan DK Phani KumarKribanidhi VDIntroductionThe Reservation System in Indiais designed to improve the well-being of backward and under-represented communities, defined primarily by their caste.It is mandated by the Constitution of India, through various amendments.The philosophy behind reservations is that equals have to be treated equally and unequals unequally like to be treated alike.Although, reservations in favour of backward classes were introduced in the pre-independence era, it was Dr. Bhimrao Ambedkar, who after independence, championed their cause (especially Dalits.)Types of reservationsCONSTITUTIONAL PROVISION FORRESERVATIONSPromotions BillTHE CONSTITUTION (ONE HUNDRED SEVENTEENTH AMENDMENT) BILL, 2012Reservations in promotions will not only be a folly but a disaster- Nehru, 1961Article 16(4)(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.In 1992, the Supreme Court in the case of Indira Sawhney v Union of India had held reservations in promotions to be unconstitutional. Subsequently in 1995, the central government had amended the Constitution and inserted Article 16(4A). This provided for reservation in promotions for Scheduled Castes and Scheduled Tribes which in the opinion of the state are not adequately represented in the services.

Article 16(4A)(4A) Nothing in this article shall prevent the State from making any provision for reservation [in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.In 2006, the Supreme Court in the case of M. Nagraj v Union of India upheld the constitutional validity of the amendment.While upholding the validity of the amendment, the court held that before framing any law on this issue, the state will have to satisfy the test of(a) backwardness of the particular SC and ST group; (b) inadequate representation of the said group; and (c) efficiency of administration.Promotions Bill, 2012In April 2012, the Supreme Court struck down the UP Government Seniority Rules which provided for reservations in promotions.The court held that the state government had not undertaken any exercise to identify whether there was backwardness and inadequate representation of Scheduled Castes and Scheduled Tribes in the state government.In light of the recent judgment of the Supreme Court, the central government has introduced this Bill amending the Constitution. The Bill seeks to substitute Article 16(4A) of the Constitution of India.Promotions Bill, 2012(4A) Notwithstanding anything contained elsewhere in the Constitution, the Scheduled Castes and the Scheduled Tribes notified under article 341 and article 342, respectively, shall be deemed to be backward and nothing in this article or in article 335 shall prevent the State from making any provision for reservation in matters of promotions, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes to the extent of the percentage of reservation provided to the Scheduled Castes and the Scheduled Tribes in the services of the State.Promotions Bill, 2012The proposed Article 16 (4A), which seeks to substitute the existing Article 16 (4A), provides that all the Scheduled Castes and Scheduled Tribes notified in the Constitutional shall be deemed to be backward.Article 335 of the Constitution states that the claims of the Scheduled Castes and Scheduled Tribes have to be balanced with maintaining efficiency in administration. The Bill states that provision of the amendment shall override the provision of Article 355.Latest UpdatesAfter much controversy and two-day debate in the Rajya Sabha, the Constitution (One Hundred Seventeenth Amendment) Bill, 2012 was passed, on December 17 last year, with 206 members voting for the amendment and 10 voting against.It then moved to the Lok Sabha, on December 20, but repeated adjournments and disruptions by BJP and SP MPs blocked the bill.Incidentally, December 20 was the last day of the Winter Session.

Thank You