India

SC to revisit judgment on SC/ST promotion

PNS

The Supreme Court on Wednesday decided to revisit its 2006 judgement fixing tough conditions for enabling quota for Scheduled Castes and Tribes in matters of promotion in Government jobs.

A five-judge bench will be shortly constituted by the Chief Justice of India (CJI) to examine whether there is need to reconsider the decision in M Nagaraj v Union of India case delivered by a five-judge bench on October 19, 2006.

The order was passed by a bench of CJI Dipak Misra, Justices AK Sikri and Ashok Bhushan on a batch of appeals filed by various SC/ST organizations in favour of reservation. These appeals were initially heard by a two-judge bench of Justices Kurian Joseph and R Banumathi which referred the cases to a five-judge Constitution Bench.

On Wednesday, appearing for the Centre, Attorney General KK Venugopal pointed out that the practice in the Supreme Court does not permit a two-judge bench to refer a case straight to a five-judge bench as it is first required to be placed before a three-judge bench.

However, he added that in the present case, the order was passed by the two-judge bench under Article 145(3), proviso to which allows even a two-judge bench to directly refer the case to Constitution Bench if it forms a view that the matter involves a substantial question of law requiring interpretation of Constitution.

The bench heard lawyers supporting the Nagaraj decision as well as opposing it and concluded that the five-judge bench will not reopen the Nagaraj decision to test its correctness.

However, it will determine whether a case for the review of the judgment is made out. Nagaraj case upheld constitutional validity of Articles 16(4A) and 16(4B) which told the governments that reservation in promotion to SC/ST will require quantifiable data to show backwardness of the specific caste/tribe, inadequacy of representation of such backward category, and preserving efficiency in administration.

The batch of petitions had its genesis from a Bombay High Court order quashing two State Government resolutions of 2004 providing reservation in promotion for SC/ST, denotified tribes, nomadic tribes, and special backward classes.