The Supreme Court in the matter of M. Nagaraj case, while upholding
validity of the Constitution amendments regarding reservation in
promotion to the Scheduled Castes and Scheduled Tribes, has laid down
certain pre-requisite conditions for providing reservation in promotion
to SCs and STs, namely the State has to see about inadequacy of
representation, backwardness of the class and efficiency of
administration. To overcome these pre-requisite conditions, the
Government proposed to introduce a bill to amend the Constitution.
Opinion of the Attorney General of India was sought on the proposed bill
and he had not opined that the Bill on the Constitutional amendment for
reservation of Scheduled Castes/Scheduled Tribes in promotion in the
Government jobs was erroneous.
The Bill aims to amend Article 16(4A) so as to continue with existing
provisions of reservation in promotion to the Scheduled Castes and
Scheduled Tribes, without any impediment.
This was stated by Shri V. Narayanasamy, Minister of State in the
Ministry of Personnel, Public Grievances and Pension and Minister of
State in the Prime Minister’s Office in written reply to a question by
Shri Yashvir Singh and Shri Neeraj Shekhar in the Lok Sabha today.
Source : PIB
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