The Central government’s decision to amend the Constitution to provide for reservation for Scheduled Castes and Scheduled Tribes in promotions in government service is a welcome move, though it is fraught with risks if implemented without careful thought and adequate groundwork. The SCs and STs are grossly under-represented in the upper echelons of government — as indeed they are in upper management elsewhere — and every effort must be made to undo this injustice brought about by centuries-old practices of social discrimination. However, this issue was before a constitution bench of the Supreme Court in 2006, which ruled that the state had to “collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment” before providing for reservation in promotions. Thus, even now, there is no bar on reservation in promotions. In the 2006 judgment on the extent to which reservation is permissible, the constitution bench had noted that the ceiling of 50 per cent, a concept of creamy layer and the statement of compelling reasons (backwardness, inadequacy of representation and overall administrative efficiency) were all constitutional requirements “without which the structure of equality of opportunity in Article 16 would collapse.” Any amendment then would have to frontally deal with Article 16 providing for equality of opportunity in matters of public employment. Otherwise, the legislation might fail before a challenge in the Supreme Court, and would come across as little more than a political ploy to win the support of the weaker sections.
Earlier, on the question of reservation for Muslims in Andhra Pradesh, the failure to back up the move with concrete data on backwardness and inadequacy of representation led to the effort being thrown out by the courts. The Union government must not repeat this mistake. Nor should it ignore complications like the sharp narrowing of the pyramid from the level of joint secretary upwards in the Indian Administrative Service. This is where actual data on the under-representation of SCs and STs in senior posts is essential. On the other hand, any quota for promotions should not end up becoming a ceiling for deserving SC and ST officers. There are no simple solutions, but if the government is sincere about making its offices truly representative, all obstacles can be overcome. However, if the government produces a hastily drafted amendment with the sole intention of political posturing, the entire effort would be struck down by the courts.
This is the politics nothing more than this. There is no need to
provide reservation in promotions after getting job in reserve quota,
let them do work & get promotion. If they will get reservation in
promotion why they will do work, they will become lazy. There should
also be creamy layer in reservation for SC & ST, Because who got
profit of reservation, only those people getting profit of reservation
today. Till recruitment the reservation might be OK but after that if
they are getting promotion by reservation it means they are becoming
lame & Indian bureaucracy becoming lazy.
Reservations in government services and jobs come as another blow to
the hardworking slogging general category candidates. I do not
subscribe that the so called backward classes are not hard working but
what about the series of measures taken in the previous few decades to
empower them? How much more assistance they need? I assert that the
need of the hour is to promote worthy and deserving people to higher
post. We need to shift towards a system based on meritocracy rather
than these reservations. A thorough background homework is required
before implementing such measures which the present government lacks
for. If we continue at this pace, the day is not far when the general
category would crave for reservations and would have to stage
protests.
Reservation needs to be in EDUCATION and not in exams or jobs or promotion.
The Central government’s decision to amend the Constitution to provide
for reservation for Scheduled Castes and Scheduled Tribes in
promotions in government service is very unfortunate.The selection for
the upper echelons of government or in upper management elsewhere
should be based purely on merit not on caste. A better way to bring
equality is to give free education to all children irrespective of
caste at grass root level(in schools from nursery to 12th standard)
and let them compete a common entrance and get selected on the basis
of merit. The need of the hour is to promote worthy and deserving
people to higher posts, not a particular caste or person.
Your editorial is an well articulated piece. My personal opinion
regarding reservation of scheduled castes and scheduled tribes personnel
in the higher echelons of the government, be it in the centre and
states, is that the process should be made functional strictly on merit
and not by merely on backwardness issue. We have had enough of politics
over reservation issue.We must ensure government service personnel does
not suffer from quality.
'Look before your leap' is the message most thoughtfully conveyed by the editorial "Tread carefully", which has candidly analysed the possible pitfalls the contemplated amendment to the constitution for providing reservation for Scheduled Castes and Scheduled Tribes in the matter of promotions in government service might lead to, if adequate care is not taken to draft it perfectly, taking into consideration vital factors like the quantum of backwardness and the inadequacy of the representation, category-wise. As rightly pointed out, hasty drafting made by the government in this regard, with an eye on immediate political gains, might end up in the amendment getting challenged by many and struck down by the court.
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