With reference to the law on reservations in India consider the following statements 1 Reservation i...........

Indian Polity Legal Issues

With reference to the law on reservations in India, consider the following statements:

1. Reservation in favour of Economically Weaker Section and Other Backward Classes do not extend to promotions.

2. President may include in or exclude from the Central List of socially and educationally backward classes any socially and educationally backward class.

3. Reservation in promotions must be based upon quantifiable data on inadequacy of representation and effect

on general efficiency of administration but not on backwardness.

Which of the statement(s) given above is/are correct?

2 only

2 and 3 only

1 and 3 only

1 and 2 only

छोटे Courses बड़े Results

Master Legal Issues

Prepare through Micro-courses

Try Now

Explanation:

Statement 1 is correct. The 103rd Constitutional Amendment Act provided 10% quota in admissions to educational institutions (public and private but not minority) and in public employment for Economically Weaker Sections ( EWS shall be notified by state from time to time on the basis of family income and other indicators of economic disadvantage). Whereas quota for OBCs derive authority from Article 16 of the Constitution (State can provide reservation in favour of any backward class which, in the opinion of state is not adequately represented), the Indra Sawhney judgement of Supreme Court excluded OBC creamy layer( family income and professional position) from the benefits of reservation. Once inducted in government service, EWS cannot be regarded as economically backward anymore. Supreme Court in M Nagraj case 2006, ruled that reservation provision in Article 16 is just an enabling provision and reservation in promotions must be based on quantifiable data on three aspects:

backwardness of class,
inadequacy of representation,
and general efficiency of services is not affected.

In Jarnail Singh case 2018, Supreme Court ruled that backwardness of SC/STs is selfdemonstrable and collection of quantifiable data on backwardness is no longer needed. However, the social-educational backwardness of OBCs is presumed to vanish away once they are appointed in government service. Hence, statement 3 is correct.

Statement 2 is incorrect. The 102nd Constitutional Amendment Act, provides constitutional status to National Commission for Backward Classes akin to NCSC and NCST. It also declares( Article 342 A) that Parliament may by law include in or exclude from the central list of socially and educationally backward classes (notified by President after consultation with governor of concerned state) any socially and educationally backward class.