In recent news, the Supreme Court issued a ruling indicating that states are not obligated to offer reservation in appointments and promotions. Further, the court stated that there is no fundamental right to reservation in promotions. This newsworthy ruling brings relevant constitutional provisions for reservation under the spotlight and raises vital questions.
Understanding the Constitutional Provisions on Reservation
Article 16(4) of the Indian constitution empowers states to reserve appointments or posts for any backward class of citizens. However, these reservations come into effect only when the state believes the said community is not sufficiently represented in the state services. The 77th Amendment Act introduced a new clause, 4A, to Article 16, enabling the state to provide reservation in promotions specifically to Scheduled Caste/Scheduled Tribe employees if it deems their representation insufficient.
Key Insights from the Supreme Court Ruling
The Supreme Court highlighted that Article 16 (4) and 16 (4A) are enabling provisions. They vest discretion in the state government to offer reservation, should the circumstances necessitate it. That said, the state government cannot be compelled to provide reservations for appointment in public posts. Likewise, the state is under no obligation to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions.
The Supreme Court further clarified that Articles 16 (4) and 16 (4-A) do not bestow individuals with a fundamental right to demand reservations in promotion. Instead, these articles empower the state to make reservations in matters of appointment and promotion favouring the Scheduled Castes and Scheduled Tribes only “if in the opinion of the State they are not adequately represented in the services of the State”. Thus, the discretion to provide reservations resides with the State government, subject to circumstance.
However, if a State wishes to exercise this discretion and offer reservation in promotions, it must first gather quantifiable data that demonstrates the inadequacy of representation of a particular class or community in public services.
Reservation Subject to Judicial Review
In the event of a challenge against the state government’s decision to provide SC/ST reservation in promotion to a specific public post, the state will have to present supporting data. It would need to prove to the court that the reservation is necessary and does not hamper the efficiency of administration. The purpose of such judicial review is to ensure the State’s decision stands up to scrutiny and is fair and necessary.