No need for quantifiable data on SCs/STs backwardness for promotions: SC | WeForNews | Latest News, Blogs No need for quantifiable data on SCs/STs backwardness for promotions: SC – WeForNews | Latest News, Blogs
Connect with us

India

No need for quantifiable data on SCs/STs backwardness for promotions: SC

Published

on

Supreme Court of India

New Delhi, Sep 26 : The Supreme Court on Wednesday refused the Centre’s plea to revisit its 2006 judgment on reservation in promotions to the SCs/STs on the ground that it was impossible to gather quantifiable data showing their backwardness backed by inadequacy of their representation and administrative efficiency.

Holding that the 2006 directions mandating the government to collect quantifiable data on the backwardness of Scheduled Castes and Scheduled Tribes as bad, a five-Judge Constitution Bench comprising Chief Justice Dipak Misra, Justices Kurian Joseph, Rohinton Nariman, S.K. Kaul and Indu Malhotra said: “We conclude that the judgment in Nagaraj case does not need to be referred to a seven-Judge Bench.”

The top court by its 2006 judgment, also known as the Nagaraj case, had said: “… state will have to show in each case the existence of compelling reasons, namely backwardness, inadequacy of representation and overall administrative efficiency, before making provision for reservation in promotion.”

The court on Wednesday said that the 2006 directions on collecting quantifiable data on the backwardness of SC/ST was contrary to the 1992 judgment by a nine-Judge bench.

The court also said that the concept of creamy layer as provided for in the 2006 judgment would remain but the court left it to Parliament to exclude the creamy layer from the Presidential Lists contained under Articles 341 and 342 of the Constitution.

“We do not think it necessary to go into whether Parliament may or may not exclude the creamy layer from the Presidential Lists contained under Articles 341 and 342,” said Justice Nariman speaking for the bench.

“Even on the assumption that Articles 341 and 342 empower Parliament to exclude the creamy layer from the groups or sub-groups contained within these Lists, it is clear that the constitutional courts, applying Articles 14 and 16 of the Constitution to exclude the creamy layer, cannot be said to be thwarted in this exercise… as it can be done by Parliament alone.”

However, the court said that for providing reservation in promotions to the SCs/STs, quantifiable data shall be collected by the State to satisfy the criteria of inadequacy of representation and overall efficiency of administration as stipulated in the 2006 judgment.

It clarified that the data would be relatable to cadre.

“We may further add that the data will be relatable to the concerned cadre,” it added.

The whole object of reservation is to see that backward classes of citizens move forward so that they may march hand in hand with other citizens of India on an equal basis, the court said.

This will not be possible, the court said, “if only the creamy layer within that class bag all the coveted jobs in the public sector and perpetuate themselves, leaving the rest of the class as backward as they always were.”

The court said that it is clear that when a court applies the creamy layer principle to Scheduled Castes and Scheduled Tribes, it does not in any manner tinker with the Presidential Lists under Articles 341 or 342.

The court also rejected the Centre’s plea to lay down that the proportion of Scheduled Castes and Scheduled Tribes to the population of India should be taken to be the test for determining whether they are adequately represented in promotional posts for the purpose of Article 16(4-A).

The Centre had contended that the 2006 judgment ought to have stated this, but did not say anything on this aspect.

Rejecting this contention, the court said: “According to us, Nagaraj case has wisely left the test for determining adequacy of representation in promotional posts to the states for the simple reason that as the post gets higher, it may be necessary, even if a proportionality test to the population as a whole is taken into account, to reduce the number of Scheduled Castes and Scheduled Tribes in promotional posts, as one goes upwards.”

This is for the simple reason that efficiency of administration has to be looked at every time promotions are made, the court said.

It further said that the test of proportionality to the population is mandated by the Constitution when seats are to be reserved in the House of the People for the Scheduled Castes and Scheduled Tribes.

During the hearing of the Centre’s plea for revisiting the 2006 judgment, Attorney General K.K. Venugopal had told the court that “Nagaraj is admittedly erroneous as it says that you require quantifiable data” for reservation in promotions.

The Centre had pushed for reservation in promotions for SCs/STs in government jobs as it had told the top court that the disability of their backwardness was writ large as traditionally people from other castes don’t have matrimonial ties with them and cited instances of bridegrooms inviting the wrath of dominant castes for riding mares during weddings.

Cities

Uttar Pradesh: 8-yr-old raped in Azamgarh village

The girl was rushed to a hospital where her condition was stated to be serious, the police said.

Published

on

gang rape

Azamgarh (UP), Sep 30 : An eight-year-old girl was allegedly raped by a 20-year-old man in a village in Jiyanpur area of the Azamgarh district, police said on Wednesday.

The accused took the girl with himself from her home telling her mother that she would have her bath in his house, the police said, quoting from the complaint lodged by the girl’s mother.

The accused had also taken from the girl’s mother her clothes, the police aid.

But when the child returned from the neighbour’s house, she was writhing in pain and bleeding, the police said.

The girl was rushed to a hospital where her condition was stated to be serious, the police said.

Azamgarh Superintendent of Police Sudhir Kumar Singh said the accused, identified as Danish, has been arrested.

Continue Reading

Cities

Uttar Pradesh: 14-year-old raped in Bulandshahr

A report has been lodged against the accused and efforts are on to nab him. The accused will be taken into custody soon, police said.

Published

on

gang rape

Bulandshahr (UP), Sep 30 : A minor girl was allegedly raped by her neighbour in Uttar Pradesh’s Bulandshahr, police said on Wednesday.

Senior Superintendent of Police Santosh Kumar Singh said on Wednesday night, the girl’s father submitted a complaint in this regard, alleging that his 14-year-old daughter was raped by their neighbour Rizwan (20) on Tuesday night.

The victim is undergoing medical treatment. A report has been lodged against the accused and efforts are on to nab him. The accused will be taken into custody soon, police said.

Continue Reading

India

‘No moral right to continue’: Priyanka Gandhi’s scathing attack on Yogi Adityanath after death of Hathras gang-rape victim

The 19-year-old died in a Delhi hospital on Tuesday. The woman was admitted there in a critical condition after being brutally raped by four men in her village in Uttar Pradesh’s Hathras district.

Published

on

Priyanka Gandhi

Congress leader Priyanka Gandhi took on Uttar Pradesh chief minister Yogi Adityanath for the death of Hathras rape victim, saying he doesn’t have any moral right to continue as chief minister.

“I was on the phone with the Hathras victim’s father when he was informed that his daughter had passed away. I heard him cry out in despair. He had just been telling me that all he wanted was justice for his child. Last night he was robbed of the chance to take his daughter home for the last time and perform her last rites,” Gandhi said in her first two tweets on the issue on Wednesday.

She also asked Adityanath to resign. “@myogiadityanath RESIGN. Instead of protecting the victim and her family, your government became complicit in depriving her of every single human right, even in death. You have no moral right to continue as Chief Minister,” Gandhi tweeted.

The 19-year-old died in a Delhi hospital on Tuesday. The woman was admitted there in a critical condition after being brutally raped by four men in her village in Uttar Pradesh’s Hathras district.

The incident took place on September 14. She was first admitted to JN Medical College and Hospital in Aligarh, but was shifted to Delhi’s Safdarjung Hospital after her condition deteriorated where she breathed her last.

The UP government has been facing flak from Opposition parties over the issue. Samajwadi Party chief Akhilesh Yadav had said that “no hope” is left from the “insensitive government”.

Reacting to the incident, Bahujan Samaj Party (BSP) president Mayawati tweeted in Hindi, “The news of the death of the Dalit girl after gangrape in Hathras, UP, is very sad. The government should provide all possible help to the victim’s family and ensure quick punishment to the culprits by prosecuting them in a fast-track court.”

The Congress has questioned the “silence” of Prime Minister Narendra Modi and women leaders of his party and alleged that Uttar Pradesh under the Yogi Adityanath government has become the country’s “crime capital”.

At a press conference, Congress spokesperson Supriya Shrinate alleged that for eight days no gangrape charges were pressed in the matter and that the UP chief minister’s information advisor and Agra Police kept calling the incident “fake news”.

Continue Reading
Advertisement

Most Popular

Corona Virus (COVID-19) Live Data

COVID-19 affects different people in different ways. Most infected people will develop mild to moderate illness and recover without hospitalization.