Rajya Sabha passes Promotions Quota Bill

Discussion in 'Politics & Society' started by nrj, Dec 17, 2012.

  1. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

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    Constitutional amend Bill on Promotions Quota in Govt jobs passed by Rajya Sabha

    RS voted:

    Total 192

    Ayes - 188 and

    Noes - 08
     
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  3. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

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    So everybody is against reservations & quotas at higher level but nobody wants to vote against it ! :lol: :lol:

    This exposes true face of politicians pretending to be pragmatic :tsk:
     
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  4. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

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    This bill will also get through Lok Sabha comfortably.

    BJP favors it.

    And Cong sees Dalit vote-bank as key to strategic success. They will hug BSP & wouldn't care a thing before giving boot to SP.
     
  5. Singh

    Singh Phat Cat Administrator

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    BJP ought to be pilloried for this.

    Congress will atleast be able to reap some benefit. Why BJP why ?
     
  6. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

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    BJP is again biting bullet.

    They don't want to be seen as bunch of people who oppose 'Dalit upliftment'.

    Vote bank, vote bank everywhere. No one is left with any sense.

    Our nation is on regressive path.

    Thank you BJP, Thank you Congress, Thank you BSP ! :banghead: :banghead:
     
    Last edited: Dec 17, 2012
  7. Singh

    Singh Phat Cat Administrator

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    BJP practicing minority appeasement and secularism in this case pleasing neo-buddhists and dalits.
     
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  8. Iamanidiot

    Iamanidiot Elite Member Elite Member

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    The dalits will get whacked in babudom by the Babus of other castes FCs and OBCs alike.All Babudom will unite against the dalits here.Congress shot itself in the foot here
     
  9. Iamanidiot

    Iamanidiot Elite Member Elite Member

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    In UP now OBCs and upper castes will back Mulayam.
     
  10. parijataka

    parijataka Senior Member Senior Member

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    Reservations in promotions explained (note Akhilesh Yadav supports reservation in promotions if OBCs are included and Salman Khurshid feels the ceiling of 50% does injustice to SC, ST and minorities in proportion to their population)-


    Reality Check India blog

    Constitutional amendment around the corner in promotions quota

    Normally a constitutional amendment would make front page news and generate a ton of debate, columnists would explore the issue in detail, the media would cover life stories. In a tiny story tucked away in an obscure corner, I noticed that the Prime Minister Manmohan Singh has swung into action and has convened an all party meet on May 23th.

    The rupee is tanking, the economy has slowed down, crushing power crisis threatens to shut plants, maoists rule the heartland, farmers die, FDI policy is on ventilator, telecom lawsuits and international arbitration loom, budget deficits are out of control, scams and scandals everywhere. None of these could move the PM – yet a ruling by a 2 Judge bench, which we shall see shortly has been misinterpreted, can make the entire political class sit up.

    I’ll try my best to throw some light on the matter in this post. Hopefully I can get atleast a dozen more to pay attention to this fundamental issue.

    The background

    In Indra Sawhney the majority (8-1) of the judges held that even though the concept of reservations to backward classes as far as entry into the services was justified, quota in promotions was not. Once a reserved and unreserved candidate enter the service stream at the same level – the mechanism for moving up to the next level was based mostly on seniority and claims of past oppression had no role to play. Incidentally, the Indra Sawhney bench had nothing to do with reservation in promotions – the Narasimha Rao government made a reference to the court ; “while you are at it, settle this too”. In any case, it quashed all reservations in promotions while upholding them at entry level.

    The political response was swift and the 77th amendment was adopted to obliterate the position of Indra Sawhney.

    Thus Article 16(4A) was born.

    THE CONSTITUTION (SEVENTY-SEVENTH AMENDMENT) ACT, 1995

    2. Amendment of article 16.-In article 16 of the Constitution, after clause (4), the following clause shall be inserted, namely:-

    “(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion 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.”.
    I have to stop here for a minute.

    To follow the matter further you need to understand three key concepts in promotions. I am no expert but I have been tracking this issue for years now, so I invite folks in public service to correct any errors.

    The concepts are 1) the roster system 2) the catch up rule and 3) consequential seniority.

    The roster system
    Say you have a department of 100 positions. These positions dont open up all at once rather vacancies arise sporadically due to retirement, transfer, promotion, deaths etc . The roster system is the instrument of choice to allocate these vacancies. For example you have a 10-point roster which might say vacancy 1=Open 2=SC 3=SC 4=Open.. until 10=OC. The roster would then rotate. The key to note is if a reserved vacancy arises it can only be filled by members of that group, if an open vacancy arises it can be filled by anyone including reserved category members.

    The catch-up rule
    Quotas in promotion naturally allow leap-frogging. Consider this : Two candidates A (open) and B (reserved) are in the same class of service Grade 1. Say, A is 5 years senior to B and both are awaiting promotion to the next level ,Grade 2. B now gets promoted over A due to the roster system. Eventually say after 3 years A also gets the promotion to the same grade as B. What happens now ? Under the catch up rule – A will regain his seniority of 5 years over B because he was denied promotion in the first place due to the roster. This means for the open category vacancy in Grade 3 – A has restored his old seniority of 5 years (ie caught up) over B.

    Consequential seniority
    The exact opposite of the catch up rule above. Now A and B are in Grade 2 – B has been there for 3 years and A has recently been promoted. Under consequential seniority, A is now junior to B. The fact that he was 5 years senior to B before the roster system leap frogged B is deemed immaterial. For further promotion to Grade 3 – even for open category vacancies as per the roster – A will be considered 3 years junior to B. In other words, he has lost 8 years inter se B.

    Now go back to the 77th amendment. As you can see, consequential seniority confers a permanent blow to the unreserved candidate. Several states employed a variation of this and the matter same to a 5 judge? bench of the Supreme Court in R.K Sabharwal vs State of Punjab 1995. The court ruled consequential seniority as unconstitutional. This was reaffirmed over the next 5 years in several cases. In 2001 it was brought again to the court in M.G. Badappananvar vs Karnataka 2001. Due to consequential seniority general category candidates in Karnataka had retired without due promotions while their juniors were in higher posts. Many still in service at junior levels approached for relief. The court restored the seniority (applied catch up) of several general category candidates in this decision. This was totally in accordance with RK Sabharwal established 5 years ago.

    The political class, this time the NDA government acted fast. They introduced the 85th constitutional amendment that specifically inserted the word “promotion with consequential seniority” in Art 16(4A). Recall from before that 16(4A) was inserted to nullify Indra Sawhney. The new clause reads as follows.

    THE CONSTITUTION (EIGHTY-FIFTH AMENDMENT) ACT, 2001

    (2) It shall be deemed to have come into force on the 17th day of June, 1995.

    ..

    Now 16 (4A) reads

    “(4A) 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 “in matters of promotion, with consequential seniorityof 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.”.
    In one stroke the amendment obliterated established positions in Sabharwal, Ajit Singh, Badappananvar, and a few more. You may have missed that the amendment was made retroactive from 1995 (6 years earlier) – which means seniority lists could be redone.

    The UP situation today
    Now you have enough background to understand the UP situation today and the agenda for the all party meet.

    There has been a tug of war between Mayawati and Mulayam over the past 10 years. Once the 85th amendment was passed Mayawati + BJP promptly redid the lists based on consequential seniority effectively minimizing chances of general candidates. Note that for promotion purposes OBC and Minority are general candidates. Mulayam cancelled it later. Mayawati restored it the first thing she came back in 2007. The net effect today is that a sufficiently large number of employees of various govt outfits were hurt by these provisions. A 2009 report shows deep discontent in UP Power Corporation . A group of employees approached the court and sought a remedy. In Mukund Kumar Srivastava vs State of UP, the Allahabad high court cancelled the quota system along with consequential seniority. This was because the quota or even consequential seniority was unconstitutional – they cant be due to Art 16(4A). The UP government had not conducted any exercise or produced any data to support this quota.

    The UP government appealed in the Supreme Court. On Apr 27, a 2 judge bench of Dalveer Bhandari and D. Misra upheld the earlier order of the Allahabad High Court (Rajesh Kumar Vs UP Power Corporation 2012). It is important to note the scope of the judgment

    •The constitutionality of reservations in promotions was not challenged
    •The consequential seniority (so called clause 8A in judgment) in UP was not challenged
    •The judgment only hinges on the “.. are not adequately represented“. This sentence in Art 16(4A) requires some homework from the state. Indeed, this is the last wall of defence against total arbitrariness.
    What can be amended ?
    As you have seen the 77th and 85th amendments have already gone a long distance. What else can give way ? In M. Nagaraj vs Union of India 2006 a constitutional bench had ruled that data related to inadequate representation is necessary to activate Art 16(4A). The court following the Nagaraj judgment is only asking for data about inadequate representation – why not simply submit that record and everyone is happy.

    The only way Rajesh Kumar can be obliterated is by removing the need to collect data. This is purely my opinion, we will see how things will turn out in the all party meet in 2 days time.

    “(4A) 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 “in matters of promotion, with consequential seniorityof 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.”.
    If agreed upon – this will be the 117th Constitutional Amendment proposed and if passed it will be the 98th Amendment.

    Where do politicians stand ?
    Long time readers of my blog will instantly recognize that contemporary Indian politics is a mere sideshow – the driving force is the adhocism in conferring benefits which make the masses ignore big issues and vote for benefit protection. There is unanimity – uncommon unanimity on this issue. In fact, they will fight with each other to rush to an amendment. Nuance and measured positions will be seen as a ploy to scrutinize and snatch away the all important power of adhocism. Prakash Javadekar of the BJP, Karat of CPI-M and all others dont even want the all party meet, calling it wasting precious time.

    “There is already a consensus on the issue among all parties…There is no point delaying it by calling an all party meeting to build a consensus,” Prakash Javadekar (BJP) said.
    Akhilesh Yadav’s position isnt what the media is telling you. He supports the amendment but with OBCs included in the protection.

    Some are blaming others for not beating the Nagaraj judgment earlier.

    The National Commission for SCs repeatedly asked the Centre to join the battle against Nagaraj case by becoming a party to the appeals filed in the Supreme Court. It wanted the government to argue that parts of the Nagaraj judgment — seeking data to prove backwardness of dalits to make them eligible for promotion – were unconstitutional. Source TOI

    Salman Kursheed hates the 50% ceiling (tangential to main issue – but related to minorities).

    Khurshid said the primary restriction of 50 per cent maximum limit for reservation in jobs for SCs, STs and OBCs “ties the hands of the government” in doing much for them in proportion to their population.

    The MP’s throw a fit over an illustration of Ambedkar – yet think of nothing to amend his constitution 117 times. C’est la vie.
     
  11. parijataka

    parijataka Senior Member Senior Member

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    What next reservations in prvate sector ? I think before that we should hv reservation in media and political parties.
     
  12. VIP

    VIP Ultra Nationalist Senior Member

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    BJP is dhobi ka kutta here. Na ghar ka Na ghat ka. Well, Gujarat has this cpatti already so nothing new.
     
  13. sasi

    sasi Senior Member Senior Member

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    Well we leapfroged bureacurcy to 1947. Well done !
     
  14. Ray

    Ray The Chairman Defence Professionals Moderator

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    La Rochefoucauld said:

    There is merit without elevation
    but there is no elevation without merit.


    François VI, Duc de La Rochefoucauld, Prince de Marcillac was a noted French author of maxims and memoirs. The view of human conduct his writings describe has been summed up by the words "everything is reducible to the motive of self-interest"
     
    Last edited: Dec 17, 2012
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  15. Ray

    Ray The Chairman Defence Professionals Moderator

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    Quota-linked promotions will deepen caste bias in the workplace

    Caste reservations figure prominently among the political class's vote-catching tools. So it isn't surprising that, barring the Samajwadi Party and Shiv Sena, no political outfit has opposed the Constitution (117th Amendment) Bill concerning quota-based promotions for SCs/STs in government jobs, under consideration in the Rajya Sabha. Tellingly, even the SP wouldn't mind the legislation had OBCs come within its ambit. The BJP's demanded a few changes in the Bill as it stands, fearing reverse discrimination. But it hasn't questioned the policy of reservation in promotion in principle.

    That's something we need to do. Professionalism in India's coddled bureaucracy is sorely lacking already. Unimpeded quota-linked promotions will further hit standards of service by promoting complacency in their beneficiaries and demoralisation in others. While there may be grounds for entry-level quota in employment, there's need for a merit-based reward system on the job.
    Unfortunately, the Bill's advocates seem bent on feeding a culture of mediocrity. Else, they wouldn't plan for the legislation to dilute Article 335 of the Constitution, which says SC/ST claims must be balanced with the need for administrative efficiency. Nor will criteria like backwardness and inadequate representation need to be proved to justify quota, as required by the Supreme Court.

    Pushing SCs/STs up office hierarchies for considerations other than competence is a recipe for deepening caste bias and eroding team spirit in the workplace. Even meritorious SC/ST workers will be viewed - and resented - as unfairly favoured over more deserving candidates. The flash strike UP government employees launched Thursday over the Bill is an early indication of its divisive potential. Moreover, creating a precedent of this sort of positive discrimination for some social groups will embolden others, such as OBCs or minorities, to make similar demands.

    This isn't to say traditionally disadvantaged groups don't require greater representation in bureaucracy's top ranks. But the approach to reservation should be bottom-up and, ideally, need-based. Spread of health, infrastructure and especially education should be top priority. Education's a core area where social disparities impact the economic prospects of underprivileged sections that lack easy access to opportunities and resources, be it academic training, learning aids or scholarships. Reservation won't fix this problem. What will is welfare focussed on empowerment. The goal should be to equip all Indians for a competitive job market that rewards ability across the board.

    Quota-linked promotions will deepen caste bias in the workplace - The Times of India
     
  16. Ray

    Ray The Chairman Defence Professionals Moderator

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    There will be reservations in DFI Moderating Team.

    And why not?
     
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  17. parijataka

    parijataka Senior Member Senior Member

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    Actually I was thinking of shrill TV anchors shouting about no Muslim candidate standing for BJP in Gujarat elections... :). Dont see any minorities as TV anchors in the English language channels - let them first practise what they preach!
     
  18. Joji

    Joji Regular Member

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    Good I hope the bill and amendment should be passed in LokSabha too. Behenji is doing great. UP ke Bhaiiyas betrayed her no prob she would come back. This will give security (in social sense) to SC\ST people in govt. jobs. I think govt. should also look after private sector after this.
     
  19. Joji

    Joji Regular Member

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    Good analysis. Indra Sahwney case is famously known as the Mandal case (named after Mandal commission, for people who didnt get what is this Indra Sawhney case).
     
  20. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

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    What an unfortunate day we are made to witness !

    We should might as well declare new Indian dark age.

    This bill is further going to widen the differences within society. More identity activism, more castism, more vote-bank politics.

    Why suddenly everybody in country is silent over such regressive step? They have time to discuss FDI, Kareena's wedding dress, Dhoni's haircut but no opposition to such idiotic bills passed by Govt in majority of house ?? Is Katju really right ? Are we nation of idiots ?

    A true pragmatic and educated society should fiercely oppose this bill & make those politicians throw these paper bills in trash-can.

    Where are advocates of next national independence ? Where is Anna, Kejriwal ?

    Is everybody so coward enough to refrain from opposing this shameful bill ?

    Had it been a mature society & anybody left with some sense then we would've had a long national debate on this issue & Parliament houses would have shot it down instead of breaking chairs/desks over petty personal egos.
     
  21. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

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