Lawstreet Journal


Lawstreet Journal 5 Oct 2021 6:57pm

Image courtesy: Lawstreet Journal Judiciary [SC LIVE UPDATES] JARNAIL SINGH RESERVATION MATTER

Sr. Adv Gopal Sankaranarayanan says he has submitted a table in which seven States have said that they have not undertaken Nagaraj exercise.

Attorney General KK Venugopal starts his submissions.

The entire issue started with Indra Sawhney case of 1992: AG

AG refers to paragraphs of Indra Sawhney which says that wherever reservations in promotions are already provided, it will continue only for period of 5 years from the judgment.

What is relevant is Indra Sawhney concerned with backward classes and not SC/STs: AG

This judgment deals with question of whether every category should be given reservation proportional to their population. It then says 'no it should not be so given' because then it will far exceed 50 percent cap: AG

The judgment says reservation should be such that it does not exceed 50 percent: AG.

Article 16 requires equality in matters of public employment

If merit alone is criteria, then SC/STs who are disadvantaged socially might not be able to compete: AG

AG Venugopal now referring to M Nagaraj judgment.

Refers to para 82 of the judgment which says that RK Sabharwal judgment clarified that judgment in Indra Sawhney will apply only to initial appointments and not promotion

SC/STs have been recognised by Articles 341 and 342 as most backward.

The Court does not however go into how quantfiable data as regards promotions is to be determined: AG

Three requirements under Nagaraj for providing reservation in promotion to SC/ STs are Backwardness, inadequacy of representation and overall efficiency: AG Venugopal.

AG now referring to BK Pavitra II judgment.

AG now adverting to Mukesh Kumar… Continue Reading...

Tagged: Jarnail Singh   Supreme Court of India  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
New Members view all


C2RMTo Know More

Something Awesome Is In The Work









Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail