SC/ST Quota in Promotions - Views

Discussion in 'Politics & Society' started by ejazr, Apr 4, 2012.

  1. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

    Joined:
    Oct 8, 2009
    Messages:
    4,518
    Likes Received:
    1,378
    Location:
    Hyderabad and Sydney
    Akhilesh orders roll back of Maya’s reservation promotion policy

    Tehelka - India's Independent Weekly News Magazine

    In a major amendment, the new CM has asked for the reservation policy for the promotion of SC/ST officers to be suspended

    In a major reversal of the policy decision of the previous Mayawati regime, UP chief minister Akhilesh Yadav has ordered for the roll back of the policy of reservation for the Schedule Caste and Schedule Tribes (SC/ST) in promotion of government officers and employees.

    The highly controversial order of the Mayawati government issued in December 2008 was quashed by the Allahabad high court in January 2011. The Mayawati government, however, decided to challenge the high court’s order in the Supreme Court. Since the matter became sub judice, it blocked the promotional avenues of close to 2 lakh officers and employees in over 56 government departments and PSUs. The worst affected were three PSUs in power sector, irrigation and public works department.

    UP chief secretary Javed Usmani, on Tuesday, issued a circular outlining the priority areas of the new government. The circular directed the department of personal and training to formulate the policy for the promotion of officers and employees as per the directions of the Allahabad high court’s judgment delivered on 4 January, 2011.

    The Dalit organisations have condemned the step terming it as retrograde—against the interests of the downtrodden—while OBC and general category officers have welcomed the move. “This decision of the new government is violation of the Supreme Court order, which had directed the maintenance of status quo. We will wear black badges from 5 April to protest against the circular issued by the chief secretary,” said AK Dohrey, secretary of the Save Reservation Committee.

    The officers of the UP Power Corporation Limited and other engineering departments have welcomed the initiative. “UP chief minister Akhilesh Yadav has restored the principle of merit and seniority in the matter of promotion of the officers and employees. The previous BSP government had placed caste above merit and seniority,” said Shailendra Dube, president, Anti Reservation Committee, an umbrella organisation representing officers and employees of all the government departments and PSUs.

    The previous Mayawati government in December 2008 had implemented the controversial policy of promotion for the SC category officers and employees in all government departments and PSUs. The order provides for the promotion of SC category officers with consequential seniority. This order was resented by all other categories of officers and employees and over 50 writ petitions were filed in Lucknow bench of the Allahabad high court.

    The Lucknow bench of Allahabad High Court in January 2011 quashed the order providing reservation in promotions to state employees belonging to SC/ST. A bench comprising justices Pradip Kant and Rituraj Awasthi said the order was invalid, ultra virus and unconstitutional. The bench pronounced the judgment while disposing of 50 writ petitions challenging the UP Government Servants’ Seniority Rules (3rd) Amendment 2007, whereby the state government had inserted Rule 8A. The court quashed all seniority lists prepared by the various departments under provisions that provided for consequential seniority along with promotion for the SC/ST employees. The court had also directed the government and various departments to make fresh seniority lists in accordance with the law.

    The then BSP government decided to file a Special Leave Petition (SLP) in the Supreme Court and challenged the order of the Allahabad high court. The arguments in the case in Supreme Court were completed on 15 February and the order is expected soon.

    Mayawati, during her third stint as UP chief minister, had issued the orders for the reservation for SC/ST in the matter of promotion. The succeeding regime headed by Mulayam Singh Yadav had withdrawn the order in May 2005. This order was again implemented by Mayawati in December 2008 during her fourth tenure as the chief of UP.
     
  2.  
  3. KS

    KS Bye bye DFI Veteran Member

    Joined:
    Aug 3, 2010
    Messages:
    8,008
    Likes Received:
    5,718
    Location:
    irrelevant
    What's the use of cancelling reservations for one groups and giving for another ?
     
  4. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

    Joined:
    Oct 8, 2009
    Messages:
    4,518
    Likes Received:
    1,378
    Location:
    Hyderabad and Sydney
    Not sure what you mean, there are no reservations in promotions AFAIK and UP was the only one that had such a policy which has now been reversed
     
  5. parijataka

    parijataka Senior Member Senior Member

    Joined:
    Oct 15, 2011
    Messages:
    4,893
    Likes Received:
    3,688
    Location:
    Bengaluru
    SP is no better. Under SP rule in Uttar Pradesh, police recruitment was majorly of Yadavs and also to many govt jobs. Mayawati OTOH made police recruitment a fair process with no preferential treatment to any community.
     
  6. lcatejas

    lcatejas Regular Member

    Joined:
    Nov 19, 2010
    Messages:
    710
    Likes Received:
    255
    Location:
    Bharat
    In both the cases UP walon ki hi lagegi .......:frusty:
     
  7. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

    Joined:
    Nov 16, 2009
    Messages:
    9,252
    Likes Received:
    3,347
    Location:
    Brussels
    UP to scarp SC/ST quota in promotion

    LUCKNOW: The Uttar Pradesh government late on Friday night decided to implement the Supreme Court order upholding the Allahabad high court's verdict to quash provision of reservation for Scheduled Caste and Scheduled Tribe (SC/ST) officers and employees in promotions. As a first step in this direction, the state cabinet approved the decision to remove the reservation system from promotion.

    Since the state assembly is not in session, the UP cabinet decided to bring an ordinance to repeal the existing rule related to reservation in promotions. A formal proposal will be later placed before the assembly session expected to be held in second week of May for approval.

    The Supreme Court had on April 30 upheld the high court order to scrap quota in promotions. The legal battle on the issue had started soon after the Mayawati government took charge in 2007. The BSP government decided to implement the quota for SC/ST in recruitment as well as in promotions.

    The order was challenged in the high court by a section of employees who were adversely affected by it. The high court had last year quashed the provision describing quota in promotion as unconstitutional. The Mayawati government, however, challenged the high court order in the apex court. However, when the Supreme Court upheld the high court order, BSP supremo Mayawati, who is now a member of Rajya Sabha, earlier this week raised the issue in Parliament and demanded amendment in the constitutional provision to provide quota to SC/ST in promotions in government services.

    While the matter is being debated in Parliament with Mayawati playing the dalit card and Congress trying to placate her to win support for presidential elections, the SP government in the state decided to implement the Supreme Court order. However, sources said that the Akhilesh Yadav government has adopted a 'balanced' approach'. It has decided not to allow reservation in promotions from now onwards.

    This, sources said, means that those SC/ST employees and officers who have already been promoted during the Mayawati regime, would not be demoted. As a result, some two lakh government personnel of the SC/ST category, who got seniority due to promotion, will remain where they are. On the other hand, the decision of 'not allowing quota in promotions from now onwards' would affect around 20 lakh government personnel belonging to the general and other backward classes category.

    The government swung into action following the threat by the employees opposing quota in promotions to hold agitation over the delay in implementation of Supreme Court order. However, a section of employees benefited by the quota in promotions has decided to file a special leave petition (SLP) in the apex court for the review of the April 30 order.

    "Resolving the promotional issue was one of the election promises of the SP. After being voted to power, the SP government is morally committed to fulfill it. The matter is thus top priority for the government. The change is being done now to avoid violation of election code of conduct which would be in place after announcement of civic polls by the end of this month," said a senior officer.

    UP government decides to scarp SC/ST quota in promotion - The Times of India
     
    panduranghari likes this.
  8. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

    Joined:
    Nov 16, 2009
    Messages:
    9,252
    Likes Received:
    3,347
    Location:
    Brussels
    SC scraps Maya’s promotion quota

     
  9. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

    Joined:
    Nov 16, 2009
    Messages:
    9,252
    Likes Received:
    3,347
    Location:
    Brussels
    Good move!

    SC shouldn't get any reservation in promotions for Govt jobs or anywhere.

    Let the individual merit prevail !

    SCs are no different.
     
  10. panduranghari

    panduranghari Senior Member Senior Member

    Joined:
    Jan 2, 2012
    Messages:
    1,790
    Likes Received:
    1,245
    Where is that Bacchu Yadav dude? Surely he must be suffering with haemorrhoids reading this.
     
    Dovah likes this.
  11. parijataka

    parijataka Senior Member Senior Member

    Joined:
    Oct 15, 2011
    Messages:
    4,893
    Likes Received:
    3,688
    Location:
    Bengaluru
    Constitution to be amended for SC/ST promotion quota
    [Thanks Mods for putting it in correct thread quickly!]
     
    Last edited: Aug 14, 2012
  12. Daredevil

    Daredevil On Vacation! Administrator

    Joined:
    Apr 5, 2009
    Messages:
    11,613
    Likes Received:
    5,670
    This is will collapse the government institutions. I hope SC strikes down the constitutional amendments as well. This is against the basic constitution and the logic.
     
  13. Daredevil

    Daredevil On Vacation! Administrator

    Joined:
    Apr 5, 2009
    Messages:
    11,613
    Likes Received:
    5,670
  14. parijataka

    parijataka Senior Member Senior Member

    Joined:
    Oct 15, 2011
    Messages:
    4,893
    Likes Received:
    3,688
    Location:
    Bengaluru
    /\/\/\
    This is UPA-II's preparation for 2014.
     
  15. Daredevil

    Daredevil On Vacation! Administrator

    Joined:
    Apr 5, 2009
    Messages:
    11,613
    Likes Received:
    5,670
    They have lost tribal and dalit votes in recent elections and therefore the reservation politics. They did the same before last general elections through OBC reservations.
     
  16. Predator

    Predator Regular Member

    Joined:
    Apr 25, 2012
    Messages:
    542
    Likes Received:
    260
    congress strategists have lost their mind, they are dreaming about going back to the nehru era when waving reservations would garner them votes.

    people today demand good governance, moreover there are very few good jobs in the govt sector and nobody is willing to work for the govt anymore. they will rather open a paan-shop and be their own masters. congress should have learnt their lesson during the UP elections when people rejected them. well since congress is advised by people like digvijay these divisive schemes were expected.
     
  17. drkrn

    drkrn Senior Member Senior Member

    Joined:
    Apr 15, 2010
    Messages:
    2,455
    Likes Received:
    898
    Location:
    visakhapatnam
    obviously the supreme court will slash these stupid amendments. even the parliament cant make bills/amendments at their will.

    reservations per-se are against constitution that each and every citizen is same

    let time decide
     
  18. Predator

    Predator Regular Member

    Joined:
    Apr 25, 2012
    Messages:
    542
    Likes Received:
    260
    Down reservation road - Indian Express

    The government’s move towards quota-based promotions reopens the debate on the meaning of equality

    Last week, the government decided to amend the Constitution and nullify a Supreme Court decision delivered earlier this year, that struck down caste-based reservations in promotions in public employment. The government’s move does not signal a fresh controversy. It comes against the backdrop of two decades of amendments relating to public employment reservations, and reopens the debate on our understanding of equality as a political ideal.

    Article 16 (4) of the Constitution enables Parliament to make reservations for a backward “class of citizens” in public employment. As has been the case with other constitutional provisions relating to reservations, the debates on this provision have centred around questions like who should benefit from special treatment. The word “class” rather than “caste” was used — could “caste” be a factor in determining backwardness? After the 1st Amendment to the Constitution in 1951, it seemed that caste could play some role; it could be used as a means to uplift backward groups but not one for discriminating invidiously.

    In Indira Sawhney vs Union of India (1992), which arose out of Mandal, the SC granted the state considerable leeway in determining which groups should be identified for special treatment and how backwardness should be understood. It even permitted the use of caste as a dominant criterion, one that could be used as the starting point to determine backwardness. But it placed an important limitation on the state: the scheme of special treatment, of the asymmetric use of caste, must fit into a conception of equality. Reservations were certainly part of the idea of substantive equality, but they too had an internal logic. Thus, the court held, reservations in promotions in public employment could not be permitted, since the justification for reservations was unequal starting positions and the aspiration was the creation of a level playing field. As this was achieved by entry-level reservations, the court found the normative rationale for promotional reservations to be wanting.

    In 1995, Parliament responded to this and amended the Constitution to permit promotional reservations. The Constitution now contained Article 16(4A), which made this possible. This was followed by a further controversy — the “carry forward” problem. Could vacancies in reserved seats be carried forward into future years? Indira Sawhney adopted a halfway house approach to this, holding that carry forwards were permissible but could not exceed 50 per cent of the total vacancies available for posts in the following year. Again, Parliament amended the Constitution to nullify this requirement. Typically, if reserved seats are unfilled, the demands of state capacity require those seats be filled by other general candidates. Now, as a result of the amendment, either posts would be unfilled with carry forwarding being extended indefinitely, or more posts would have to be created to accommodate the carry forwards.

    The next controversy arose because promotional reservations had given rise to a peculiar phenomenon. The SCs/STs began to dominate higher civil service jobs, to an extent that far exceeded their prescribed quotas. Why was this so? As Rajeev Dhavan’s important work captured, SC/ST candidates rose higher in the hierarchy because, they claimed to be senior as a result of them being promoted earlier. SC/ST candidates sought entry into a non-reserved promotional post on the ground that they were eligible for both such posts and quota posts, and “accelerated promotion” to a lower post had given them an “accelerated seniority”. For years, the SC had held that accelerated promotion could not result in accelerated seniority. This was, effectively, a double promotion, and the SC evolved a catch-up rule prescribing circumstances under which seniority could and couldn’t be regained by a non-quota candidate. Again, Parliament amended the Constitution. The 85th Amendment altered Article 16 (4A), which now enabled “reservation in matters of promotion, with consequential seniority”. Along the way, Parliament also amended Article 335 — which requires reservation claims to be considered along with concerns of efficiency in administration — to permit the lowering of standards of evaluation for SCs/STs.

    The SC’s decision to strike down the UP Government Servants Seniority Rules was not based on reservations in promotional posts; the Constitution was already amended to make this possible. Rather, the court found that the state had failed to demonstrate that the groups benefiting were inadequately represented in the state. Amending this requirement hits at the heart of, and further dilutes, the normative underpinnings of public employment reservations.

    For some time, there has been growing concern within affirmative action discourse over our identification of backwardness. We structure backwardness entirely around caste rather than economic criteria, despite the fact that however much a person advances in life her caste cannot change. There is nothing like backwardness in the abstract — it all depends on the average in society, which is in part our reason for the 50 per cent cap — but we seem to have little clarity on the concept even in the particular. Courts have rightly invited much criticism for failing to seriously identify the link between beneficiaries and the special treatment they receive, equating, for instance, SCs/STs with OBCs.

    But what the present controversy reveals appears to be more serious. Not only have we perhaps got backwardness wrong, but we are now in real danger of jeopardising the idea of equality itself. There will always be good and urgent arguments for and against affirmative action. But what we have now are forms of affirmative action that fail even on their own terms; they are absent of their internal logic and serve as tragic instances of the defilement of the constitutional ideals on which this nation was built. As we embrace this reality, we must wonder what it means to be without an idea of equality and whether membership can be sustained in such a political community.
     
  19. Blackwater

    Blackwater Veteran Member Veteran Member

    Joined:
    Jan 9, 2012
    Messages:
    20,980
    Likes Received:
    11,810
    Location:
    Akhand Bharat
    Promotion quota bill tabled in Rajya Sabha amid scuffle between SP and BSP

    [​IMG]


    New Delhi: As the government tabled in the Rajya Sabha a bill to provide for reservations in promotions for Scheduled Castes and Scheduled Tribes in government jobs today, Elders belonging to the Samajwadi Party and the Bahujan Samaj Party came to blows.

    The BSP supports the quota; the SP is against it.

    SP Rajya Sabha member Naresh Aggarwal and BSP's Avtar Singh were seen pushing each other and exchanging blows even as Minister of State in the PM's Office V Narayanasamy quickly tabled the Bill between adjournments forced by a BJP that is refusing to let the House run to allow the quota bill to be passed. The BJP accuses the government of using this bill, which all parties save the SP largely support, to divert attention from its demand that the Prime Minister resign on the coal allocation issue.

    Most Recent
    Lucknow records 66 cases of swine flu in less than a month
    Expect full worker strength at Manesar by September-end: Maruti
    Outside, SP chief Mulayam Singh Yadav said, "My party will continue to oppose the Bill. It's is unconstitutional. Is it a joke? We will hold public protests."

    The BJP has stalled Parliament for 10 days now over the coal allocation issue. Top party leaders met for over three hours last night to discuss strategy after the Union Cabinet cleared a proposal on Tuesday that seeks to amend four key articles of the Constitution to make reservation in promotions possible. They carried to the meeting several appeals - from the Congress-led government to help pass the bill, a similar appeal from BSP leader Mayawati and one from the Samajwadi Party to oppose it. They emerged to accuse the government of trying to use the quota bill to scuttle the corruption debate. They also pointed out that copies of the bill had not even reached them yet. The BJP is clear that the coal issue must be addressed first.

    The BJP has also said that the government is using the quota bill to divide the opposition. And the signs of this divide are already visible with two key components of the BJP-led NDA taking opposing stands on the issue - while the Shiv Sena has said it will "not let the bill be passed at any cost", the JDU has said it will support the bill in full strength.

    The BJP's dilemma is that it cannot be seen as anti-Dalit by stalling the passage of this reservation bill. It has said that it wants the Bill, if tabled, to be first sent for review by a standing committee of Parliament. The government, eager to push it through, has said there is no need to send it to the parliamentary committee. The BJP said yesterday that it "backs social justice" and so will back constitutionally tenable laws.


    The Left parties say much the same - they want quota in promotions but would like the Bill to be reviewed by the standing committee. And they too point out that they are yet to see the Bill. "Given the current situation, am doubtful if this Bill would be passed. But we support the Bill and we want reservations for SC/STs," said CPI's D Raja.

    Amending the Constitution became necessary after the Supreme Court struck down in April this year, a decision made by Mayawati when she was Chief Minister of Uttar Pradesh, to provide reservation for SC/STs in promotion to higher posts in government departments. At an all-party meeting in August, most political formations, save the Samajwadi Party, supported quota in reservations. But Attorney General GE Vahanvati has warned the government that any law on the reservations issue should be framed with extreme caution because it is likely to be legally challenged.

    The Prime Minister has said that a legally sustainable solution will be found. But before it faces up to legal challenges, the government has a task ensuring Parliament passes the Bill given the way it has functioned for much of the Monsoon Session. The Bill will need the support of a two-thirds majority in both Houses of Parliament as it seeks to amend the Constitution - when the Bill is put to vote, two-thirds of the total House strength has to be present and at least half of those present have to vote in its favour for the Bill to get through. Apart from the vote, the House has to be in order. The BJP as yet has seemed in no mood to allow the House to be in order.

    Also, Mulayam Singh Yadav's Samajwadi Party, which provides outside support to the UPA government and has bailed it out of sticky positions many times, has said it will oppose it this once. The SP was the lone dissenter at the all-party meeting in August. The SP wants all quota benefits to be extended to other backward classes (OBCs). "This stand of the cabinet is wrong. The Samajwadi Party is against this and we will continue to protest," senior SP leader Ram Gopal Yadav said yesterday. Mr Yadav approached the BJP for its support against the Bill, but sources said he got no assurance from Arun Jaitley.

    Mayawati, who heads the Bahujan Samaj Party, is now making focused efforts to get political parties to cooperate and allow a discussion and vote on the Bill. She too met BJP leaders Sushma Swaraj and Arun Jaitley yesterday to seek their support - that brought about the BJP core group meeting at LK Advani's residence on Tuesday evening.

    When it quashed the Mayawati decision, the Supreme Court had questioned this criterion for promotion, saying the government needed to quantify that Dalits and backwards were insufficiently represented in the public services and therefore needed this quota. The court had said that three aspects needed to be looked into for reservations in promotions: backwardness, representation and overall administrative efficiency.

    Though the amendments are aimed at legally combating any challenge, the Bill might still run into rough weather in the courts. Constitutional expert PP Rao said that if the government brings in amendment without "curing the defects" pointed out by the Supreme Court then it may not stand legal scrutiny.



    Promotion quota bill tabled in Rajya Sabha amid scuffle between Samajwadi Party, Bahujan Samaj Party MPs | NDTV.com
     
  20. Blackwater

    Blackwater Veteran Member Veteran Member

    Joined:
    Jan 9, 2012
    Messages:
    20,980
    Likes Received:
    11,810
    Location:
    Akhand Bharat
  21. SADAKHUSH

    SADAKHUSH Senior Member Senior Member

    Joined:
    Sep 7, 2010
    Messages:
    1,802
    Likes Received:
    758
    Location:
    Winterland
    Re: Promotion quota bill tabled in Rajya Sabha amid scuffle between SP and BSP

    A bill should be introduced to suspend both the instigator and defender for six months (1st time) for one year second time and permanent the third time and life time ban to contest election. Let us stop discussing the problems and provide the long lasting solution.
     

Share This Page