Will the quota bill make it through the court
The controversial constitution
amendment bill to provide quota in promotions for SCs/STs, has finally
made into the Rajya Sabha. The bill appears to have been caught between
legality and political compulsions. Though all major political parties
except Samajwadi Party and Shiv Sena are supporting this bill, MPs across
party lines concede that it may run into trouble if challenged in a
court.
The general refrain is that the
bill, which seeks to provide reservation in promotions for SC/STs, in its
present form does not address the questions raised in Supreme Court’s April 28
judgment.
The government, which introduced
this 117th constitution amendment bill in Rajya Sabha on September4, has pointed
out in its statement of reasons: "In wake of the Supreme Court
judgment in M Nagraj case in 2006, the prospects of promotion of the SC/ST
employees are being adversely affected."
The government's argument is that
the conditions imposed by the apex court on states wanting to implement quota
in promotions, include "compelling reasons, namely — backwardness,
inadequacy of representation and ascertaining overall administrative
efficiency", create hurdles in the path of governments wanting to help
weaker sections of the society.
Government officials admit that any
amendment in the Constitution to justify quota in promotions will have to
"frontally deal" with the issues raised by the Supreme Court, but the
current bill, which is before the Rajya Sabha seeks to override the conditions
laid down by the top court.
"The constitution bench of the
Supreme Court, had in 2006 noted that all requirements would have to be
fulfilled before giving reservation in promotions..," said an opposition
MP.
