Reservation to castes/tribes: Rajyasabha Q&A

UNSTARRED QUESTION NO-247 by SHRI FAGGAN SINGH KULASTE

(a) & (b):  Article 16 of the Constitution of India provides for equality of opportunity in matters related to Public employment. However, Article 16(4) is an enabling provision which enables the State to make provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. Further, Article 16(4A) provides for reservation in matter of promotion, with consequential seniority, to Scheduled Castes and Scheduled Tribes, which in the opinion of the State are not adequately represented in the services under the State.

Article 335 provides 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 making of appointments to services and posts in connection with the affairs of the Union or of a State. It further provides that nothing in this article shall prevent in making of any provision in favour of members of Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in the matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.

(c):  There were demands from some Hon’ble Members of Parliament for amendment to the Constitution in the wake of recent judgments of the Supreme Court whereby it has struck down the provision of reservation in promotion in some States on the ground that the States have not complied with the conditions viz. backwardness, inadequacy of representation and overall administrative efficiency before making provision for reservation as laid down by the Apex Court in M.Nagaraj’s case.

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