A Bill providing for impediment free reservation in promotion in government jobs for Scheduled castes and Scheduled Tribes introduced in the Rajya Sabha amidst pandemonium. The House witnessed uproarious scenes as the Deputy Chairman P J Kurien asked the Minister of State for Personnel V Narayanasamy to introduce the bill.
The Bill was introduced as soon as the House re-assembled after an hour-long adjournment. Members belonging to Samajwadi Party trooped into the well shouting slogans against the reservation. They reached the podium raising slogans. Immediately after the Chair announced the introduction of the bill, the House witnessed scuffle between SP
and BSP members. Some of the SP members were also seen heading towards the seat of Mr Narayanasamy. BJP members continued to shout slogans demanding the Prime Minister's resignation on the alleged irregularities in the allocation of coal blocks. Amidst the din, the Deputy Chairman adjourned the House till 2 PM.
The Constitution (117th Amendment) Bill, 2012, provides for reservation to scheduled Castes and Scheduled Tribes as it existed in 1995. The Statement of Objects and Reasons of the Bill says that 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 validity
of 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.