Government today appealed to all political parties to get a bill providing for reservation to SCs and STs in promotions in government jobs passed in Rajya Sabha today against the backdrop of opposition by Samajwadi Party and disruption of proceedings by BJP over coal allocation issue.Talking to reporters outside parliament,Parliamentary Affair Minister Pawan Kumar Bansal said he wanted BJP not to disrupt the proceedings today so that the bill can be taken up.He said, lost three weeks have been lost already due to disruptions.He requested BJP to let Parliament function for last two days so that important issues could be taken up.
Minister of State for personnel V Narayanasamy, who piloted the Constitution Amendment Bill in the upper house,said the measure is the result of an assurance made by the
Prime Minister at an all-party meeting held recently.
The government yesterday cleared a bill providing for reservation to SCs and STs in promotions in government jobs with effect from 1995.The legislative action, which comes within four months of Supreme Court striking down such a decision by Rajasthan and Uttar Pradesh governments, meets the demand of most of the parties, barring the Samajwadi Party.
The Constitution Amendment Bill is being brought to end uncertainties with regard to methodology for deciding the promotion and bring clarity on the issue. The previous Uttar Pradesh government headed by Mayawati had provided reservation benefits for SCs, STs in promotions to higher posts in government jobs. The Allahabad High Court has struck down the government decision.
The Supreme Court on April 28th upheld the high court order and termed the state government decision as unconstitutional and done without any sufficient data.
The Constitution (117th Amendment) Bill, 2012, The bill proposes amendment to the Clause 4A of the Article 16. Scheduled Castes and Scheduled Tribes have been given reservation as it existed since 1995. The Statement of Objects and Reasons said Scheduled Castes and Scheduled Tribes have been provided reservation in promotion since 1955. But it was discontinued following a judgment in the case of Indra Sawhney versus the Union Government wherein it was held that it is beyond the mandate of Article 16(4) of the Constitution. Subsequently, the Constitution was amended by 77th Constitutional
Amendment Act, 1995 and a new clause 4-A was inserted in the Article 16 of the Constitution. It said the Clause 4A of the Article 16 was further modified by the Constitution (85th Amendment) Act, 2001 to provide consequential seniority to the Scheduled Castes and Schedule Tribe candidates promoted by giving reservation. However, the validityof the Constitutional amendment was challenged before the Supreme Court. The apex court while deliberating on the issue of validity of the amendment observed that the concerned state will have to show in each case the existence of the compelling reasons like backwardness, inadequacy of representation and overall administrative efficiency before making provision for reservation in promotions. The Statement said that it was observed that there is difficulty in collection of quantifiable data showing backwardness of the class and inadequacy of representation that class in public employment. Moreover, there is uncertainty on the methodology of the exercise. It said in the wake of the Supreme Court judgment, the prospects of promotion of the SC and ST employees are being adversely affected.
