Supreme Court five judge constitution bench to decide SC/ST reservation in promotions
By Vkeel Team
On the issue of reservation in Scheduled Caste (SC) and Scheduled Tribe (ST) promotion, it will now hear by the constitutional bench of five judges of the Supreme Court.
A division bench of Chief Justice Deepak Mishra, Justice A K Sikri and Justice Khan Valikar has forwarded the matter to the Constitutional Bench. Now the bench will decide whether M Nagraj’s decision needs to be reconsidered or not.
In 2006, in the case of M Nagraj vs Union of India in 2006, the Supreme Court had said that the data of backwardness and low representation will have to collect before giving reservation in promotion. It was also stated in the verdict that it can be given only on the basis of some situations – including factors like inadequacy and administrative efficiency for the beneficiary.
In this judgment it was said that Article 16 (4A) of the Constitution gives freedom to the state to give reservation to SC-ST employees as per need, but it is not mandatory.
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