UPSC Prelims 2023 Question:

Consider the following statements

Statement-I:

The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration.

Statement-II:

Article 335 of the Constitution of India defines the term ‘efficiency of administration.’

Which one of the following is correct in respect of the above statements?

Explanation:

• The Court has held in several judgments (Indra Sawhney and Others v Union of India and Others 1993; M Nagaraj and Others v Union of India and Others 2006) that the reservation policies made under Article 16(4) of the Constitution would be limited by Article 335, which provides for “maintenance of efficiency of administration,” while considering the claims of the Scheduled Castes (SCs) and the Scheduled Tribes (STs) in the making of appointments to public services and posts. So, statement I is correct.
  
  
• Article 335 - Claims of Scheduled Castes and Scheduled Tribes to services and posts states that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
  
  
• Thus, the Constitution does not define the term “efficiency of administration” under Article 335. However, the judiciary has filled this gap in interpretation through B K Pavitra (II) v Union of India case, 2019 wherein the judiciary held that “efficiency of adminis­tration in the affairs of the union or of a state must be defined in an inclusive sense, where diverse segments of society find representation as a true aspiration of governance by and for the people.” So, statement II is not correct.
  
  

Therefore, option (3) is the correct answer.

Subject: Polity | Judiciary