Cites historical deprivation, calls on Supreme Court to revisit 2006 Nagaraj ruling
Citing “1000 of years of deprivation” suffered by Dalit communities, the government on Friday began its push for providing “accelerated promotion with consequential seniority” for Scheduled Castes/ Scheduled Tribes (SC/ST) members in public employment.
Courtesy a 2006 M. Nagaraj judgment of the Supreme Court, the government cannot introduce a quota in promotion for its SC/ST employees unless they prove that the particular Dalit community is backward, inadequately represented and such a reservation in promotion would not affect the overall efficiency of public administration. The 2006 Nagaraj judgment was pronounced by a five-judge Constitution Bench.
Now, the government wants another five-judge Constitution Bench led by Chief Justice Dipak Misra to refer the 2006 verdict to a larger Bench for a re-examination. It had said that the 2006 verdict had effectively created an “impossible situation” for providing accelerated promotions with consequential seniority for SC/ST communities in government services.
Besides the Chief Justice, the Bench comprises Justices Kurian Joseph, Rohinton Nariman, Sanjay Kishan Kaul and Indu Malhotra.
Attorney-General K.K. Venugopal submitted that the SC/ST communities have faced centuries of deprivation at the hands of society. They have been deprived of access to temples, schools and the basic facilities of life. Even today, Dalit grooms cannot ride horses.
Source : https://www.thehindu.com/todays-paper/centre-pushes-for-quota-in-promotion-for-scssts/article24597894.ece (GS II govt policy)