Tuesday, February 11, 2020

SC Upholds Constitutional Validity Of 2018 Karnataka Law Granting Reservation In Promotion For SC-ST

The Supreme Court's recent decision that there is no fundamental right to claim reservation in promotions has become a subject matter of intense debate.

The decision was discussed in the Parliament, and the Centre has told the House that the matter was under the study and consideration of the Government at "high level".

Article 16(4)(A) 

"Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion [, with consequential seniority,] to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State."

Alongside Article 16(4)(A), the Parliament has inserted Article 16(4)(B) through the Constitutional (81st Amendment) Act in 2000. It ensures that vacant posts arising out of reservation shall be carried out to subsequent years and such vacant posts will not be considered to determine the ceiling of 50% reservation on a total number of vacancies.

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