Reservation in promotions in government jobs for SCs/STs

The tricky issue of reservations in promotions and SC's stance on it

Reservation in promotions in government jobs for SCs/STs

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• The story: The Supreme Court (SC) of India refused to lay down the precise yardstick(s) for determining the ‘inadequacy of representation for granting reservation in promotions for Scheduled Caste (SC)/Scheduled Tribe (ST) candidates in government jobs.’ The court’s judgement came in a batch of petitions seeking further clarity on the modalities for granting reservation in promotion.
• Background: The Central and the State Government - since the 1950s - have followed a policy of reserving seats in promotions in favours of SC and ST communities on the ground that they are not adequately represented at the decision-making level of public services. This policy was held to be unconstitutional and void by the S.C. in the "Indra Sawhney v. Union Of India 1992" case, on the ground that under Article 16(4) the State is provided with the power to make reservations in favour of backward classes of citizens only at the entry level (that is, at the time of recruitment into public services but not subsequently). The Parliament responded by enacting the 77th Constitutional Amendment Act which introduced Article 16(4A), which provides for reservation in promotion if the state feels SC/ST aren't adequately represented.
• Latest decision: The SC has held ‘cadre’ and not "class, group or the entire service" as the unit for the purpose of collection of quantifiable data for giving promotion quotas.

1. It said If data pertaining to the representation of SCs and STs was done with reference to the entire service, then the entire exercise of reservation in promotions would be rendered meaningless.
2. No Yardstick - It cannot lay down any yardstick for determining the inadequacy of representation. With the recognition of ‘cadre’ as the unit for collection of quantifiable data, the court set aside its earlier judgement in the B.K. Pavithra case. The SC held that the conclusion of this court approving the collection of data on the basis of groups and not cadres is contrary to the law laid down by the SC in Nagaraj and Jarnail Singh judgments.
3. The court held that the Nagaraj judgement would have “prospective effect.”
4. It ordered that a review had to be conducted regarding the data for the purpose of determining the inadequacy of representation in promotions but the court left it to the Union government to fix a “reasonable” time for the States to conduct the review.

• Summary: Reservations in promotions have been a controversial subject with the courts not willing to permit them without conditions, and governments amending the Constitution to restore them. Other than the IAS, IFS and IPS, in all other services, promotions are made through Departmental Promotion Committees, which, depending upon position, do take into account confidential reports as to the performance of the employee in question over the past five to eight years. So, only those who have been consistently efficient are promoted. To increase the representation of Dalits in senior positions, the system may ensure that it fills all reserved positions at the entry level itself.
• EXAM QUESTIONS: (1) “The reservation in promotions for SC/ST candidates in government jobs has had a limited impact on their representation in senior positions.” Comment analytically. (2) Whether the recent Supreme Court judgement that refused to lay down the yardstick for determining the "inadequacy of representation for granting reservation in promotions for SC/ ST candidates in government jobs" can settle the tussle between the Judiciary and government? Examine analytically. 

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