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English Release 22-November 2014
Date Month Year
  • President's Secretariat
  • State Civil Service Officers Undergoing the 116th Induction Training Programme At Lbsnaa Call On The President
  • Vice President's Secretariat
  • Vice President Emphasizes the Need for Continual Oversight to Ensure that Liberty is not Smothered in Material Prosperit
  • Min of Defence
  • National Cadet Corps Celebrates 66th Anniversary
  • Ministry of Finance
  • Competition Commission of India (CCI) Invites Comments from Public in Respect of Proposed Combination Between Holcim Limited and Lafarge S.A.
  • Min of Health and Family Welfare
  • Press Note on Ebola
  • Min of Information & Broadcasting
  • Team Of ‘Gour Hari Dastaan: The Freedom File’ Meets the Press at the 45TH IFFI
  • Directors and Producers of Indian Panorama Opening Films in the 45th IFFI Interact with the Media
  • Indian Philosophy of Mutual Respect and Love are My Source of Inspiration: Paul Cox
  • ‘Salam Cinema’ Screening Opens Mohsen Makhmalbaf Retro
  • Min of Petroleum & Natural Gas
  • Review of Modified DBTL scheme after one week of launch on 15.11.14 in 54 districts
  • Min of Urban Development
  • Venkaiah Naidu, Urban Development Minister, delivers Keynote Address at US – India Smart Cities Conclave
  • Shri M.Venkaiah Naidu visits market, residential areas in R K Puram, New Delhi to check cleanliness
  • Ministry of Water Resources
  • Government to Start Jal Gram Scheme in Every District Says Uma Bharti
  • Our District-Our Water Programme to be Launched to take the Message of Water Conservation to Every Village of the Country-Uma Bharti

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.

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KSD
(Release ID :90963)

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