Reservation in Promotions for SC/ST – Proposal for giving effect from June 1995

Reservation for SC/ST employees for Promotions in Government Jobs -Likely Retrospective Effect from June-1995

Reports have began to come regarding the details of Bill introduced by the Government in Rajya Sabha for allowing reservation to Scheduled Castes and Scheduled Tribes employees for promotions in Government Jobs.

As per the Times Of India news, the Government has inserted certain wordings in the said biil for giving retrospective effect to Reservations for promotions in government jobs. In other words, once this bill is enacted for necessary amendments in Constitution, promotions for SC and ST employees should be given with effect from 17th June 1995, the day on which the bill is originally introduced.

Reservation for SCs and ST employees in promotions exixts since 1955. This was to be discontinued as per the Apex Court judgement in the case of Indra Sawhney wherein it was held that it is beyond the mandate of Article 16(4) of the Constitution.

Subsequently, the Constitution was amended by the Constitution (77th Amendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.

Later, clause (4A) was modified by the Constitution (85th Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservation.

Also read the following discussions on SC and ST Reservation for entry and promotion in Government Service.

Reservation for SC/ST in promotions – Union Cabinet clears the proposal

Proportion of SC, ST employees in Government Service

SC/ST Candidates selected or promoted in own merit

Source : Time of India