Lawstreet Journal

SC HEARING: Jarnail Singh Reservation In Promotion Case

Lawstreet Journal 27 Oct 2021 12:47am

Image courtesy: Lawstreet Journal Judiciary SC HEARING: Jarnail Singh Reservation In Promotion Case

Supreme Court is hearing the Jarnail Singh case wherein a constitution bench held that the issue relating to reservation in promotion has already been decided in Nagraj’s case & needs no reconsideration.  

Adv: If the person is not efficient, the government will immediately throw him out.

Bench: Where's the question of gathering efficiency data?

Bench: How many people should be there in the committee? What are you arguing? That's all irrelevant. Don't waste the court's time.

AGI: So far as SC/ST are concerned, due to the jobs they've been performing for hundreds of years like manual scavenging, opportunities have been made available for them. Seats have been given to them, jobs have been provided.

AGI: Adequacy of representation arose in 1950 itself. What has been done in the last seven decades by the union of India? Your lordships have to see if those things have worked.

AGI: These opportunities for these unfortunate people are an equaliser. But equalisers don't work overnight.

AGI: In Nagraj, they should have said look at what is the data that should be looked at like number of vacancies.

If you don't lay down a decisive ground that the states and union will follow, there'll be a multitude of litigations.

AGI: We need a principle on which reservations are to be made. It is left on the state. How will I know when adequacy is satisfied?

AGI: Please take Indira Sawhney. Let's take the disputed paragraph.
"Adequate representation cannot be taken as proportional representation."

The total percentage of backward classes in the country is 52%. If you… Continue Reading...

Tagged: Jarnail Singh  
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