7-judge Constitution bench will reconsider criteria for reservation in SC/ST promotion, says SC

Team SoOLEGAL 12 Jul 2018 11:00am

7-judge Constitution bench will reconsider criteria for reservation in SC/ST promotion, says SC

The SC on Wednesday said that it would constitute a seven-judge Constitution bench to re-examine a case relating to reservation in promotion for SC/STs.

The SC bench of CJI Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said that the new constituted bench will reconsider the correctness of the four-year old criteria laid down by a five-judge bench 2006 judgement in M Nagaraj v. Union of India case.

In the M Nagaraj v. Union of India case, the 5-judge constitution bench had held that the state government is not bound to make reservations in promotion to the employees of SC/ST communities. However, the bench also said that if the state would want to exercise its discretion, it ought to gather quantifiable data to determine the inadequacy of representation and extent of backwardness of a certain class.

However, in November last year, a two-judge bench comprising Justices Kurian Joseph and R Banumathi had favoured to reconsider the correctness of the verdict in Nagaraj’s case. Meanwhile, another bench gave its nod to the Centre to implement quota to SC/ST employees in matter of promotions. These factors had created confusion about the stance of the Supreme Court on the issue.

In fact, Attorney General (AG) K K Venugopal told the SC bench headed by CJI that, “many complications have arisen after Nagaraj”. The AG told the bench that because of the ambiguity in the process to be followed to grant quota in promotion, lot of positions (around 3 lakh) were lying unfilled in government employment.

Further appearing for the petitioner, senior counsel, Shekhar Naphade said that the practice to refer every matter to larger benches need to stop to ensure that the apex’s court stance on a case is final.

The SC bench, however, declined to pass any interim order and listed the matter for hearing on August 3. 

Tagged: Supreme Court   CJI Dipak Misra   SC Community   ST Community   Reservation in Promotions   AG K K Venugopal  
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