Topic: Structure, organization and functioning of the Judiciary.
2) “Establishing the position of the SCs and STs as worthy participants in the affairs of governance is intrinsic to an equal citizenship”. Comment in the light of recent Supreme court judgment with respect to reservation in promotions. (250 words)
Why this question:
The article highlights the apex courts significant landmark judgment that was made yesterday with respect to reservation in promotions.
Key demand of the question:
The answer must evaluate the facility of promotions in jobs for SC’s and ST’s and in what wat establishing their position is intrinsic to equal citizenship.
Comment– here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.
Structure of the answer:
Brief upon the background of the scenario.
- The Supreme Court on Friday upheld a Karnataka law which grants reservation in promotion and consequential seniority to the Scheduled Castes and the Scheduled Tribes in government services in the State.
- The judge said “administrative efficiency is an outcome of the actions taken by officials after they are appointed or promoted. It is not tied to the selection method itself.” The argument that one selection method produced officials capable of taking better actions than a second method must be empirically proven.
- Discuss series of events – cases that have had inference on the judgement made yesterday.
- Explain the constitutional nuances –
- 77th Constitutional Amendment Act- Introduced Article 16(4A); It confers power on the state to reserve seats in favor of SC and ST in promotions in Public Services if the communities are not adequately represented in public employment. This law was given retrospective effect from 1992.
- while the test of proportionality to the population is mandated by the Constitution in Article 330 (Reservation of seats for SCs & STs in the House of People), it does not do so in the provision of reservations in promotions (Article 16(4A)).
- Suggest what should be the way forward
Conclude with significance of such judgement to favor the equality of citizens.