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English Release 26-November 2014
Date Month Year
  • President's Secretariat
  • Speech by the President of India, Shri Pranab Mukherjee at the Eleventh Convocation of Symbiosis International University
  • Deepen private sector involvement in education, says President
  • President of India condoles the passing away of Sitara Devi
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  • Speech by the Prime Minister at the SAARC Summit
  • 26/11: PM salutes the bravery of security personnel who laid down their lives and reaffirms commitment to combat terrorism
  • Min of Commerce & Industry
  • Implementation of National Design Polic
  • Extension Of Validity Of Industrial Licences By DIP
  • Steps Taken To Improve Position In Business Index
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  • Implementation of National Manufacturing Polic
  • Push To Manufacturing Sector
  • Doubling India's Share in Global Trade
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  • Signing Of FTAs
  • New Foreign Trade Policy to address slowdown concerns of exporters: Commerce Secretary
  • Min of Personnel, Public Grievances & Pensions
  • Appointment of SPG Director
  • Min of Petroleum & Natural Gas
  • Global crude oil price of Indian Basket was US$ 76.91 per bbl on 25.11.2014
  • Min of Shipping
  • New Mechanism of Collection of Light Dues for Container Ships
  • Min of Tribal Affairs
  • Jual Oram inaugurates Tribal Art and Crafts Mela Aadishilp
  • Min of Urban Development
  • Shri M.Venkaiah Naidu approves enhancement of Ground Coverage and FAR in Delh
  • DMRC’s Revenues Exceed Budget Targets

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Ministry of Personnel, Public Grievances & Pensions19-December, 2012 16:58 IST
Constitutional Amendment Bill for Reservation in Promotion to SCs and STs

The Rajya Sabha on Monday (December 17, 2012) passed the Constitution (One Hundred Seventeenth Amendment) Bill, 2012. The Bill proposes to amend the Article 16 (4A) of the Constitution of India. The existing Article 16(4A) provides for reservation in promotion to the Scheduled Castes (SCs) and the Scheduled Tribes (STs) which are not adequately represented in the Govt. services. The proposed amendment would amend Article 16(4A) in such a manner that it would obviate the need of collection of quantifiable data about adequacy of representation and backwardness of the class for reservation in promotion to the SCs and the STs.

The Government had introduced a Constitutional Amendment Bill in the Rajya Sabha during the last session so that the SCs and STs may continue to get reservation in promotion as in vogue now.

As a part of the affirmative action, reservation in promotion had been available to the SCs and STs since 1955. However, some of the decisions of the Supreme Court cases such as in Indra Sawhney, Veer Pal Singh Chauhan and S.Vinod Kumar cases had caused certain effects on the scheme of reservation in promotion for SCs and STs. To overcome these effects, four Constitutional amendments, namely, 77th,81st, 82nd and 85th amendments were effected.

The validity of the said amendments was challenged before the Supreme Court. The Supreme Court while deliberating on the issue of validity of Constitutional amendments in case of M. Nagaraj Vs. UoI & Ors (vide judgement dated 19/10/2006 ) observed that the concerned State will have to show in each case the existence of the compelling reasons, namely backwardness, inadequacy of representation and overall administrative efficiency before making provision for reservation.

Relying on the judgement of the Supreme Court in M. Nagaraj Case, the scheme of reservation in promotion in the services of the States of Rajasthan and Uttar Pradesh were quashed by the respective High Courts and these decisions were subsequently upheld by the Supreme Court also.

The Bill will now be taken up for consideration and passing in the Lok Sabha.

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KSD
(Release ID :90963)

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