Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

[op-ed snap] Efficiency and quota in promotions — what Supreme Court has said

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Nothing Much

Mains level : Recent judgement on quota in promotion tries to balance efficiency and social Justice.

CONTEXT

The order by a two-Judge bench of Justices D Y Chandrachud and U U Lalit held that a Karnataka statue allowing for reservation in promotions of SCs/STs is valid — the court had, in September 2018, held there was no need to revisit the M Nagaraj case (2006) which spoke of quantifiable data being necessary to decide on reservation.

Background

  • In agitations and annoyance among Dalits and Scheduled Tribes about the “next stage” in the debate over quotas, reservations in promotions have been a big bone of contention.
  • While the Central government has maintained it is now in favour of reservations in promotions, the Supreme Court had, in a series of orders over the years, verged on the conservative.

Latest order

  • The order by a two-Judge bench of Justices D Y Chandrachud and U U Lalit upheld a Karnataka statute, allowing for reservations in promotion.
  • The order stated that inclusive development, and not meritocracy, that were key to ensuring meaningful and substantive equality.

2. Article 335 – Article 335 of the Constitution states that the “claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State”.

3. Forming a well-governed society – Since inclusion is inseparable from a well-governed society, there is, in our view, no antithesis between maintaining the efficiency of administration and considering the claims of the SCs and STs to appointments to services and posts in connection with the affairs of the Union or of a State.”

4. No reduction in efficiency by reservations – The Constitution does not define what the framers meant by the phrase efficiency of administration. Article 335 cannot be construed on the basis of a stereotypical assumption that roster-point promotees drawn from the SCs and STs are not efficient or that efficiency is reduced by appointing them.”

5. No abstract criteria for measuring efficiency – The benchmark for the efficiency of administration is not some disembodied, abstract ideal measured by the performance of a qualified open category candidate,” the judges said.

6. Definition of efficiency –

  • Efficiency of administration in the affairs of the Union or of a State must be defined in an inclusive sense, where diverse segments of society find representation as a true aspiration of governance by and for the people.
  • If, as we hold, the Constitution mandates realisation of substantive equality in the engagement of the fundamental rights with the directive principles, inclusion together with the recognition of the plurality and diversity of the nation constitutes a valid constitutional basis for defining efficiency.

Conclusion

  • Our benchmarks will define our outcomes.
  • Efficiency not by exclusion – If this benchmark of efficiency is grounded in exclusion, it will produce a pattern of governance which is skewed against the marginalised.
  • Root in equal access – If this benchmark of efficiency is grounded in equal access, our outcomes will reflect the commitment of the Constitution to produce just social order.
  • Otherwise, our past will haunt the inability of our society to move away from being deeply unequal to one which is founded on liberty and fraternity.”

 

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