SC/ ST Promotion in Reservation – UPSC Prelims

  • Article 335 provides for SC/ST quota in promotions.
    • Claims of Scheduled Castes and Scheduled Tribes to govt jobs, shall be taken into consideration, consistently with the maintenance of efficiency of administration.
  • 2006 judgement in M Nagaraj vs Union of India:
    • State is not bound to make reservation for SC/ST in promotions.
    • However, if they wish to do so then pre-conditions are:
      • State has to collect quantifiable data showing backwardness of the class and inadequacy of representation.
      • Do not breach the ceiling-limit of 50%.
      • Do not obliterate the creamy layer.
      • Do not extend the reservation indefinitely.
  • 2022 SC judgement:
    • M. Nagaraj judgement is valid.
    • It is for the government to decide about SC reservation in promotion.
    • Supreme court cannot design a yardstick or guidelines for SC/ST reservation in job promotion as it will take away the discretion of the state governments in factoring in the local conditions.

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