RESERVATION IN PROMOTIONS

M Nagraj Case (2006):

• Reservation in promotions were allowed since 1955 till the supreme court held it unconstitutional in 1992. In 1995, law was amended to allow it. This was subsequently challenged in Supreme Court.
  
  
• In 2006, the supreme court in M Nagraj case said that before framing any law, the state will have to satisfy the test of: (1) backwardness, (2) inadequate representation and (3) overall efficiency.
  
  
• It also held that states were bound to provide quantifiable data on the backwardness of SCs/STs before providing them quota in promotions.
  
  
• Relying on the 2006 judgement, several high courts struck down reservations in promotion.
  
  
• The Centre has alleged that the verdict in the M Nagraj case 2006 had put unnecessary conditions in granting quota benefits to the SC and ST employees and sought its reconsideration by a larger bench.
  
  

Supreme court verdict (September 2018):

• The Supreme Court said, its 2006 verdict putting conditions for granting benefits of quotas in job promotions for SC/ST employees need not be referred to a seven-judge bench.
  
  
• It also turned down the Centre's plea that overall population of SC/ST be considered for granting quota for them. i.e. states need not collect quantifiable data on backwardness of SC/ST for giving quota in job promotion to SC/ST employees.
  • Comment: The judgement will boost efforts to provide “accelerated promotion with consequential seniority” for scheduled castes/scheduled tribes members in government services.