States not bound to provide reservations in jobs, quota not a fundamental right in promotions: SC - Pragnya IAS Academy - News Analysis.

States not bound to provide reservations in jobs, quota not a fundamental right in promotions: SC.

• The top court also clarified that a state government is bound to collect data regarding inadequacy of representation of SCs/STs in government services

• The state cannot be issued directions to provide reservations for appointment in public posts
In a major judgement, the Supreme Court has said that there is "no fundamental right which inheres in an individual to claim reservation in promotions", and also no court can order a state government to provide for reservation to SC/STs.

A bench comprising Justices L. Nageswara Rao and Hemant Gupta said, "In view of the law laid down by this Court, there is no doubt that the State Government is not bound to make reservations. There is no fundamental right which inheres in an individual to claim reservation in promotions. No mandamus can be issued by the Court directing the State Government to provide reservations."
Citing the necessity of relevant data collection regarding representation of SC/STs in public jobs, the apex court emphasized this exercise is pre-requisite to begin reservation. And this data collection exercise, is not required when the state government decided not to provide reservations.
The top court observed the state government has the absolute discretion to decide whether or not to provide for reservation in jobs or reservation in promotions. Also, the state government is not under any obligation to do so.
Citing its judgement, the bench said that Article 16(4) and 16(4-A) are enabling provisions and the collection of quantifiable data showing inadequacy of representation of Scheduled Castes and Scheduled Tribes in public service is a "sine qua non for providing reservations in promotions."
The top court also clarified that a state government is bound to collect data regarding inadequacy of representation of SCs/STs in government services when it wants to provide reservation but otherwise. The top court also observed that the state cannot be issued directions to provide reservations for appointment in public posts. "The State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions", added the court.
However, if a situation arises where such provisions were to be introduced, then the state government concerned should collect quantifiable data, which exhibits inadequacy of representation of that class in public services. And, this data would have to be brought on record before the court when a challenge is laid to the reservation policies.
The court observed, "Not being bound to provide reservations in promotions, the State is not required to justify its decision on the basis of quantifiable data, showing that there is adequate representation of members of the Scheduled Castes and Schedules Tribes in State services. Even if the under-representation of Scheduled Castes and Schedules Tribes in public services is brought to the notice of this Court, no mandamus can be issued by this Court to the State Government to provide reservation."
The apex court also observed that the inadequacy of representation of SC/STs is a matter within the subjective satisfaction of the State. "The State can form its own opinion on the basis of the material it has in its possession already or it may gather such material through a Commission/Committee, person or authority. All that is required is that there must be some material on the basis of which the opinion is formed," added the court.
The ruling of the top court came on a clutch of petitions connected with reservation to SCs and STs in promotions in the posts of Assistant Engineer (Civil) in Public Works Department, Government of Uttarakhand, where the government had decided against reservations. But, the High Court asked the state to first collect quantifiable data connected with representation of SCs/STs, and decide on the matter. The High Court also gave another direction that all future vacancies that are to be filled up by promotion in the posts of assistant engineer, should only be from the members of SCs and STs. The apex court set aside these directions.(Source: The Hindu)


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States not bound to provide reservations in jobs, quota not a fundamental right in promotions: SC

It is up to States to provide 10% EWS quota: Centre - Pragnya IAS Academy - News Analysis.

It is up to States to provide 10% EWS quota: Centre.

Centre responds to charge that law is not implemented in Tamil Nadu and Karnataka

The Centre on Tuesday informed the Supreme Court that it would be the States’ prerogative to provide 10% economic reservation in government jobs and admission to education institutions.
“Whether or not to provide reservation to the economically weaker section in appointment to State government jobs and admission to State government educational institutions, as per provisions of the newly inserted Articles 15(6) and 16(6) of the Constitution, is to be decided by the State government concerned,” the Centre said in an affidavit.
The Centre was responding to a writ petition from Supreme Court advocate G.S. Mani complaining that the economic reservation law was not being implemented in Tamil Nadu and Karnataka.
However, the Centre said its Department of Social Justice and Empowerment “has no role in deciding the reservation policy of any State government”.
As per the notification issued by the Department of Personnel and Training on January 19, 2019, persons whose family has a gross annual income below ₹8 lakh are identified as those belonging to the economically weaker section. It said the 10% reservation law was enacted to promote the welfare of the poor not covered by the 50% reservation policy for the Scheduled Castes and the Scheduled Tribes and the Socially and Educationally Backward Classes.
It has been nearly six months since a Bench, led by Justice Sharad A. Bobde, now the Chief Justice of India, has reserved orders on the preliminary question that whether a bunch of writ petitions challenging the economic reservation law should be referred to a Constitution Bench.
The court had refused to pass any interim order to stay or hamper the implementation of the Constitution (103rd Amendment) Act, which provides for the 10% reservation in government jobs and educational institutions for the economically backward in the unreserved category.
The petitions have, however, challenged the validity of the law, saying the 50% quota limit is part of the basic structure of the Constitution, and the new law whas tinkered with it. The economic reservation was introduced in the Constitution by amending Articles 15 and 16 and adding clauses empowering the government to provide reservation on the basis of economic backwardness. (Source: Livemint)


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It is up to States to provide 10% EWS quota: Centre.

States’ approval not needed for quota Bill - Pragnya IAS Academy - News Analysis.

States’ approval not needed for quota Bill.

Amendment to a fundamental right need not be ratified by the legislatures.

The Constitution (One Hundred and Twenty Fourth Amendment) Bill of 2019 providing up to 10% reservation for economically weaker sections of the society may be notified as the law of the land sooner than expected.
The proviso to Article 368 (power of Parliament to amend the Constitution and procedure thereof) holds that an amendment to a fundamental right coming under Part III of the Constitution need not be ratified by the Legislatures of one-half of the States. So, this Bill may be notified by the Central government as soon as it gets the assent from the President.
Right to equality
The Bill, passed by both the Houses of the Parliament, adds new clauses to Articles 15 and 16 of the Constitution. Both the Articles come under the part of ‘Fundamental Rights’ in the text of the Constitution. They are part of the ‘right to equality’ section of fundamental rights envisaged in the Constitution.

The new clause (6) to Article 15 allows the government to carve reservation for the economically weaker sections of the society in higher educational institutions, including private ones, whether they are aided or not by the State. Minority educational institutions are exempted. Likewise, the new clause (6) to Article 16 provides for quota for economically-deprived sections in the initial appointment in government services.
“The proviso to Article 368 makes it clear that when a Constitution amendment of a fundamental right is in question, the Bill concerned need not be sent to the States’ Legislative Assemblies for ratification. Only Constitution amendments which affect the Centre-State relations or division of powers in a federal structure require subsequent ratification by the States’ Legislatures before the Presidential assent,” Professor R. Venkat Rao, constitutional expert and Vice-Chancellor of National Law School India University at Bengaluru, said.
To a query by Rajya Sabha MP M.K. Kanimozhi on exactly this point, Union Law Minister Ravishankar Prasad had, on the floor of the House, confirmed that there was no need for States’ ratification of the Bill.
“If the Parliament is amending the Fundamental Rights, under Article 368, there is no obligation to go to the State Vidhan Sabha. This was a part of the Constitution, as framed by them in 1949 and 1950. That needs to be appreciated,” Mr. Prasad had responded to Ms. Kanimozhi’s query during the Parliament discussions on the Bill.
Experts, however, agree that the economic reservation law is open for judicial review. “Primarily, it affects the Basic Structure of the Constitution. The Constitution does not provide for economic reservation. The Indira Sawhney judgment has capped the reservation limit to 50%. Now, the new Bill increases reservation to 60%. The court has said economically-deprived is not a homogenous group. It has held that economic backwardness cannot be the sole criterion for reservation,” former solicitor-general Mohan Parasaran said. (Source: The Hindu)


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States’ approval not needed for quota Bill.

Parliament passes Bill to provide 10% quota for poor - Pragnya IAS Academy - News Analysis.

Parliament passes Bill to provide 10% quota for poor.

A day after Lok Sabha approved The Constitution (124th Amendment) Bill, 2019, the Rajya Sabha passed the law with 165 voting in favour and 7 against.

Parliament on Wednesday cleared the Constitutional Amendment Bill guaranteeing 10% quota in education and employment to economically weaker sections in the general category, following an approval by the Rajya Sabha.
The Upper House nod came following an over nine-hour-long heated debate, during which the Opposition accused the government of bringing the Bill in haste with an eye on the coming Lok Sabha election.
The Bill was passed with a majority of 165 against seven votes. It will be now sent for Presidential assent.
The Constitution (124th Amendment) Bill was introduced by Minister of Social Justice and Empowerment Thawar Chand Gehlot, who later in his reply said that the existing reservation to the SCs, STs and OBCs would not be touched by the amendment.
Clarifying the Bill’s provisions, Law Minister Ravi Shankar Prasad said the reservation would be applicable to jobs in both Central and State governments, adding that the legislation gave powers to States to determine the economic criteria for identification of beneficiaries. He responded to the Opposition’s charge of political intent by terming the government move a “slog-over six”, with many more to come.
Earlier, during the debate, Congress leader Anand Sharma said provisions under Articles 15 and 16 of the Constitution were for the backward and weaker communities. In the past, attempts were made twice to extend reservation beyond their scope, but the Supreme Court struck them down. The same happened in several States. (Source: The Hindu)


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Parliament passes Bill to provide 10% quota for poor.

Cabinet approves 10% quota for economically weaker sections in general category - Pragnya IAS Academy - News Analysis.

Cabinet approves 10% quota for economically weaker sections in general category.

Highlights
• Modi Cabinet approves 10 per cent reservation for economically backward among general categories.
• Govt may bring a Constitutional amendment to introduce the change.
• The move is being seen as a step to consolidate the upper castes.
In a landmark move just ahead of the Lok Sabha elections, the Narendra Modi-led NDA government ha s decided to give ten per cent reservation in jobs and higher education for economically backward persons in the general category.
This was approved by the Union Cabinet today . The reservation will be over and above the existing 50 per cent reservation and the government will amend Articles 15 and 16 - which are on discrimination and equal opportunity - of the Constitution to implement it, reports said.
"The reservation will be given to those economically backward poor people who are not availing the benefit of reservation as of now," news wire agency PTI quoted its sources as saying.
TOI reported that those in the general category whose family income is below Rs 8 lakhs per annum and own less than 5 acres of land would be eligible. Further, the person's residential house should be below 1000 sq ft, and the residential plot should be below 100 yards in a notified municipality area and below 200 yards in a non-notified municipality area. (Source: The Economic Times)

Unlike the reservation for SC/ST/OBCs, caste is not going to be a criterion for eligibility to the reservation under this new provision. In fact, sources revealed that the government’s move plan to delineate the economically weaker section (EWS) for avoiding confusion.
The move comes in the backdrop of upper caste backlash against Modi government’s move against the Supreme Court’s attempt at ring-fencing apprehensions of misuse of SC/ST Prevention of Atrocities Act. The Supreme Court move had sparked nation-wide protests from Dalit groups across the country after which Modi government brought legislation and nullified the SC measure through Parliament in the last monsoon session.
The upper caste communities, in turn, voiced their protest over Government’s alacrity in addressing the concerns of Dalit communities of the issue. Senior BJP leaders, in this context, expressed that the BJP faced hostile Upper Castes in the recently concluded assembly elections in Madhya Pradesh, Rajasthan and Chhattisgarh.
Though similar suggestions have been made by political leaders like Mayawatiand Ramdas Athavale in the past, this is the first substantial move to take legislative route to provide for this change. An attempt to provide for 10 per cent reservation to poor or economically backward among other sections during the Narasimha Rao government’s tenure to offset political backlash against the implementation of Mandal Commission recommendations was nullified by the Supreme Court in the early 90s.
“Narasimha Rao government’s attempt was thrown out as it violated the basic structure of 50 per cent ceiling,” confided a highly placed source revealing that “this time this basic structure is changed to provide for reservation up to 60 per cent”.


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Cabinet approves 10% quota for economically weaker sections in general category.