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Apex Court to examine SC/ST Promotion Quota Verdict

Team SoOLEGAL 16 Nov 2017 11:05am

Image courtesy: SC/ST promotion quota verdict under Supreme Court lens Apex Court to examine SC/ST Promotion Quota Verdict

The Supreme Court of India has decided to examine if there was a need to reconsider its decade-old constitution bench judgment on reservation in promotion for Schedule Castes and Schedule Tribes in government employment. In 11 year-old verdicts it was declared virtually impossible for the Centre and State Government to provide promotion for SCs/STs group.

Within 24 hours of a two-judge bench making a reference on the need for reconsideration of the 2016 judgment in M Nagaraj case to Chief Justice Dipak Misra under Article 145(3) of the Constitution, a three-judge bench of the CJI and Justices A K Sikri and Ashok Bhushan agreed to place the matter before a five-judge bench to examine the bunch of petitions filed by some states and SC/ST employees' associations.

Reconsideration of the five-judge bench judgment in Nagaraj case was sought mainly on the ground that the SC had erred by seeking test of backwardness before grant of reservation in promotion. A bench of Justices Kurian Joseph and R Banumathi had said in its referral order, "Petitioners have argued for a relook of Nagaraj specifically on the ground that test of backwardness ought not to be applied to SCs/STs.

"Apart from the clamour for revisit, further questions were raised about application of the principle of creamy layer (which was applied only to OBC quota by Indra Sawhney-Mandal judgment) in situations of competing claims within the same races, communities, groups and parts thereof of SC/ST notified by the President under Articles 341 and 342 of the Constitution of India."

The three-judge bench headed by the CJI said it was not going into the procedural irregularity alleged by counsel in a two-judge bench referring the matter directly to a five-judge bench. The bench said it was acceding to the two-judge bench's request and a five-judge bench would examine these petitions on the narrow ambit — "whether Nagaraj requires reconsideration". [Source TOI]



Tagged: Supreme Court of India   Schedule Castes   Schedule Tribes   Constitution of India   CJI  
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