विज्ञप्तियां उर्दू विज्ञप्तियां फोटो निमंत्रण लेख प्रत्यायन फीडबैक विज्ञप्तियां मंगाएं Search उन्नत खोज
RSS RSS
Quick Search
home Home
Releases Urdu Releases Photos Invitations Features Accreditation Feedback Subscribe Releases Advance Search
home  Printer friendly Page home  Email this page
English Release 24-October 2014
Date Month Year
  • Prime Minister's Office
  • PM conveys greetings on United Nations Day
  • PM salutes our brave ITBP personnel on the Raising Day of ITBP
  • Min of Agriculture
  • Kharif Rice Area Coverage
  • Min of Commerce & Industry
  • DIPP Constitutes IPR Think Tank to Draft National Intellectual Property Rights Policy
  • Min of Defence
  • Brave Heart NCC Cadets Rescue Middle Aged Woman from River Yamuna
  • Ministry of Finance
  • Government approves Twenty (20) Proposals of Foreign Direct Investment amounting to Rs 988.3 Crore
  • Min of Health and Family Welfare
  • Dr Harsh Vardhan offers cooperation to Pakistan to end polio
  • Min of Home Affairs
  • Home Minister addresses 53rd Raising Day Function of Indo Tibetan Border Police Force
  • Observance of the Rashtriya Ekta Diwas on 31st October
  • Min of Petroleum & Natural Gas
  • Modified DBTL Scheme
  • Global crude oil price of Indian Basket was US$ 83.61 per bbl on 23.10.2014
  • Min of Road Transport & Highways
  • Electronic Toll Collection System to be Inaugurated on October 31, 2014
  • Min of Skill Development, Entrepreneurship, Youth Affairs and Sports
  • India’s Performance at 2nd Asian Para Games 2014 on 22nd and 23rd October, 2014
  • Min of Urban Development
  • Shri M.Venkaiah Naidu adopts Hudhud cyclone ravaged village of Andhra Pradesh for rehabilitation

Previous Date

 
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.

*****


KSD
(Release ID :90963)

Web Ratana This site is winner of Platinum Icon for 'Outstanding Web Content' Web Ratna Award'09 presented in April 2010
Site is designed and hosted by National Informatics Centre (NIC),Information is provided and updated by Press Information Bureau
"A" - Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi - 110 001 Phone 23389338
Go Top Top

उपयोग संबंधी शर्तें स्वोत्वाधिकार नीति गोपनीयता संबंधी नीति हाइपरलिंकिंग नीति Terms of Use Copyright Policy Privacy Policy Hyperlinking Policy