The Prime Minister Manmohan Singh has sought suggestions of the political parties so that a legally sustainable solution may be arrived at regarding reservation in promotions for SC and ST. Addressing the All Party meeting on Reservation in promotions in New Delhi this evening at his residence Dr Singh said that the meeting was called to discuss the issue of reservation in promotion specifically in respect of the decision of the Supreme Court in the case of U.P. Power Corporation Ltd. vs. Rajesh Kumar & Ors. wherein the Court has struck down provision of reservation in promotion to SCs and STs in the State of UP.
Saying that the Government had always been committed to protect the interests of the scheduled castes and scheduled tribes and
on certain occasions did not hesitate even to bring constitutional amendments,he reminded the leaders that earlier four Constitutional amendments were made by his government in to protect the interests of the backward classes including Scheduled
Castes and Scheduled Tribes. The validity of all these four Amendments were challenged before the Supreme Court through various writ petitions mainly on the ground that these altered the basic structure of the Constitution.Dr. Singh said, it was through the
efforts of the Government that the Supreme Court in its judgment dated 19.10.2006 in the matter of M. Nagaraj & others v. Union of India & others upheld the validity of all these four amendments. However, the Court stipulated that the concerned State will have to show in each case the existence of the compelling reasons, namely, backwardness, inadequacy of representation and overall administrative efficiency
before making provision for reservation. The Court further held that the impugned provision is an enabling provision.
The prime minister suggestedb that If the State Government wish to make provision for reservation to SCs and STs in promotion, the State has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance of Article 335.Representatives of almost all the major political parties attended the meeting.
