Recently the Supreme Court has held lsquo reservation in promotion rsquo invalid Consider the follow...........

Indian Polity Judiciary

Recently the Supreme Court has held ‘reservation in promotion’ invalid. Consider the following statements in this regard.

1. The State does not have unbridled powers to provide promotion in reservation to the backward classes.

2. The State must demonstrate backwardness, inadequacy of representation and maintenance of efficiency before providing reservation in promotions to Scheduled Castes and Scheduled Tribes employees.

3. If the State does not justify this policy, it would violate Article 16.

Choose the correct code:

1&2 only

2 only

1 only

All the above

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Explanation:

The State does not have unbridled powers to provide promotion in reservation to the backward classes, the Supreme Court recently held that an exercise to determine inadequacy of representation, backwardness and overall efficiency is “a must” before granting promotion to Scheduled Castes and Scheduled Tribes employeesArticle 16 provides for equality of opportunity for all citizens in matters of employment or appointment to any office under the State. No citizen can be discriminated against or be ineligible for any employment or office under the State on grounds of only religion, race, caste, sex, descent, place of birth or residence.
The State can provide for reservation of appointments or posts in favor of any backward class that is not adequately represented in the state services.
In order to nullify the ruling with regard to reservation in promotions, the 77th Amendment Act was enacted in 1995. It added a new provision in Article 16 that empowers the State to provide for reservation in promotions of any services under the State in favor of the SCs and STs that are not adequately represented in the state services.
Again, the 85th Amendment Act of 2001 provides for ‘consequential seniority’ in the case of promotion by virtue of rule of reservation for the government servants belonging to the SCs and STs with retrospective effect from June 1995.
Maintaining that the State does not have unbridled powers to provide promotion in reservation to the backward classes, the Supreme Court held that an exercise to determine inadequacy of representation, backwardness and overall efficiency is “a must” before granting promotion to Scheduled Castes and Scheduled Tribes employees.