Reservation in promotion in India (SC and ST) | UPSC – IAS
Reservation was introduced in the Constitution of India, through Article 16(4), to give protection to deprived sections of society, who have been facing discrimination since ages. Reservation in promotion rests on the principle of consequential seniority. The debate over whether it should be limited to initial appointments or extended to promotions has been a bone of contention.
Consequential Seniority means elevation to a senior position consequential to circumstances, and not through normal rules.
For Example:- suppose there are 100 sanctioned posts in a department, out of which 30 are occupied by unreserved candidates, 15 are occupied by reserved candidates and 55 remain ‘vacant’. The reservation is 30%, which implies that 30 posts must be manned by reserved category employees. So, if a reserved category employee is junior to a general category employee, but there is vacancy for reserved category at a senior position, so reserved category employee will be considered senior and promoted above the general category employee.
In 2002, Karnataka had brought a similar law, but was struck down by the Supreme Court in 2006 in M. Nagaraj vs. Union of India Case. The Supreme Court validated the state’s decision to extend reservation in promotion for SCs and STs, but gave direction that the state should provide proof on the following three parameters to it-
Empirical Data on Backwardness- of the class benefitting from the reservation.
Empirical Data on Inadequate Representation- in the position/service for which reservation in promotion is to be granted.
Impact on efficiency- how reservations in promotions would impact administrative efficiency.
Many stakeholders and petitioners were not satisfied with these criteria and various review petitions were filed on this judgment. It was again taken up in Jarnail Singh Case which upheld the 2nd and 3rd criteria of Nagaraj Case. But observed that there is no longer need to collect quantifiable data on the backwardness of SCs and STs. Although it stated that the exclusion of creamy layer while applying the principle of reservation is justified, even in the case of SCs and STs.
Last year, the Supreme Court had permitted the Central government for reservation in promotion to SC/ST employees working in the public sector in “accordance with law”.
The Karnataka government set up the Ratna Prabha Committee to submit a report on the three criteria and based on its report had come up with the revised bill. This time, the court has upheld it constitutionally
Arguments in favour of reservation in promotions | UPSC – IAS
For equality of opportunity- Along with the Constitution the Supreme Court has also, time and again, upheld any affirmative action seeks to provide a level playing field to the oppressed classes with the overall objective to achieve equality of opportunity.
Skewed SC/ST representation at senior levels- The representation of SCs/STs, though, has gone up at various levels, representation in senior levels is highly skewed against SCs/STs due to prejudices. Over the years Institutions has failed to promote equality and internal democracy within them. There were only 4 SC/ST officers at the secretary rank in the government in 2017.
Case of Efficiency and Merit-
Overall efficiency in government is sometimes hard to quantify, and the reporting of output by officers is not free from social bias. For example In Maharashtra, a public servant was denied promotion because his ‘character and integrity were not good’.
The administrative efficiency is an outcome of the actions taken by officials after they have been appointed or promoted and is not tied to the selection method itself.
A “meritorious” candidate is not merely one who is “talented” or “successful” but also one whose appointment fulfills the constitutional goals of uplifting the members of the SCs and STs and ensuring a diverse and representative administration. A system that promotes substantive equality promotes merit.
Further, under the Karnataka Civil Services General Recruitment Rules 1977, the candidate on promotion has to serve a statutory period of officiation before being confirmed; this ensures that the efficiency of administration is, in any event, not adversely affected, the bench concluded.
Arguments against the reservation in promotions | UPSC – IAS
Not a fundamental right- Provisions under articles 16(4), 16 (4A) and 16 (4B) of the Constitution are only enabling provisions, and not a fundamental right. Neither was it ever envisaged by the constitutional makers, as can be made out from the debates and statements during the drafting of constitution.
Gaining employment and position does not ensure the end of social discrimination and, hence, should not be used as a single yardstick for calculating backwardness.
The reservation in promotion may affect the efficiency of administration.
A Way Forward | UPSC – IAS
Caste is not a matter of identity or right, when it comes to administrative policy. At difference levels, studies and empirical data should to be collected to decide the level of promotions needed.
The Constitution envisages not just a formal equality of opportunity but also the achievement of substantive equality. Currently, there is ambiguity in promotion process. Thus, there is a need for a new, comprehensive law to be enacted.
