Recently, the Supreme Court (SC) refused to delineate a method for determining the inadequacy of representation in granting reservation for promotions of Scheduled Castes(SC) and Scheduled Tribes(ST) candidates in government services. This issue arose from multiple petitions from various parts of the nation seeking more clarity on the process of granting reservation in promotion.
The Supreme Court’s Ruling
The SC identified ‘cadre’, not class or group, as the unit for collecting data when it comes to providing promotion quotas. If the data related to the representation of SCs and STs was taken from the entire service, the entire process of reservation in promotions would lose its significance.
The court declined to establish any guidelines for determining insufficient representation. It stated that this decision should be left to individual states. On the basis of recognising ‘cadre’ as the unit for data collection, the court overruled its previous verdict in the B.K. Pavithra case (2019). Also, the court ordered a review to be conducted on the data used to ascertain inadequate representation in promotions, leaving the setting of a “reasonable” deadline to the Union government.
Background: Reservation in Promotions
Since the 1950s, both the Central and State governments have implemented a policy of reserving seats in promotions for SC and ST communities, arguing that they were not adequately represented at decision-making levels in public services. This policy was declared unconstitutional by the SC in the Indira Sawhney v. Union Of India 1992 case.
Many cases have been instrumental in moulding these laws – the M Nagaraj Case 2006 brought the concept of a creamy layer into SC/ST reservation debates. The Jarnail Singh case 2018 gave the government the flexibility to provide “accelerated promotion with consequential seniority” for SC/ST communities in government services.
Constitutional Provisions for Promotion in Reservation
Several provisions in the Indian Constitution provide the foundation for these promotion reservations. Article 16 (4) allows the State to reserve appointments or posts for backward class citizens who, in the government’s view, are inadequately represented.
Article 16 (4A) and Article 16(4B), allow the State to reserve promotions for SCs and STs if they are not adequately represented in the services.
Article 335 recognises that special measures need to be adopted for considering the claims of SCs and STs to services and posts, to bring them at par.
These laws and changes reflect the ongoing struggle for equal representation for all sections of society in government services.