A Constitution Bench of the Supreme Court on Wednesday modified a 2006 judgment requiring the State to show quantifiable data to prove the “backwardness” of a Scheduled Caste/Scheduled Tribe community in order to provide quota in promotion in public employment.The 58-page judgment by a five-judge Bench led by Chief Justice of India Dipak Misra gives a huge fillip for the government’s efforts to provide “accelerated promotion with consequential seniority” for Scheduled Castes/ Scheduled Tribes (SC/ST) members in government services.Directly contraryWriting the verdict for the Bench, Justice Rohinton Nariman held that this portion of the M. Nagaraj judgment of another five-judge Constitution Bench in 2006 was directly contrary to the nine-judge Bench verdict in the Indra Sawhney case. In the Indira Sawhney case, the Supreme Court had held that the “test or requirement of social and educational backwardness cannot be applied to Scheduled Castes and Scheduled Tribes, who indubitably fall within the expression ‘backward class of citizens’.”Justice Nariman pointed out that the Presidential List for Scheduled Castes contains only those castes or groups or parts as “untouchables.” Similarly, the Presidential List of Scheduled Tribes only refers to those tribes in remote backward areas who are socially extremely backward.“Thus, it is clear… Read full this story
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