Need for quantifiable data for reservation: Supreme Court
There is a need for “quantifiable data” to determine the backwardness of Scheduled Castes and Scheduled Tribes for providing benefits of reservation in promotion to the members of these communities, the Supreme Court said on Thursday.
A Constitution Bench led by Chief Justice Dipak Misra reserved verdict on a batch of petitions demanding reconsideration of the 2006 Nagaraj judgement, which held that state was not bound to provide reservation for SC/STs in promotions. In case a state wished to make such a provision, it should be backed by a quantifiable data showing inadequate representation of the community in public employment. The Nagaraj verdict also required the State to ensure that reservations do not breach the 50% ceiling or adversely affect the creamy layer or extend it indefinitely.
“Quantifiable data, in our view, as a basis is unavoidable”, CJI Misra said, even as the Centre asserted that the stigma of caste printed on the forehead of an SC/ST never disappears. “There has to be advancement and there has to be reservation. But there has to be balance. That is what Nagaraj says”, the CJI pointed out.
However, wrapping up arguments on behalf of the Centre, Attorney General K K Venugopal maintained there was no need for testing the backwardness of SC/ST employees while granting promotion. He said the discrimination still exists though the position of SC/ST has improved to some extent in the last 70 years..
Enter your email to get our daily newsletter in your inbox
- A statement form the Rajasthan Chief Minister's Office cited rising Covid-19 cases in the neighbouring states for the decision to insist on negative Covid reports for visitors.
- The woman who suspected foul play, checked the accused's Facebook account and found out that he was regularly chatting with another woman, who turned out to be his wife.
- It was the second Maoist attack in the last two days in Chhattisgarh.
- A three-judge bench headed by Chief Justice of India (CJI) asked the petitioner's lawyer to compile a list of similarly placed officers of the Indian armed forces still languishing in Pakistani jails.
- The order was issued after hearing an injunction suit filed by Ramesh Jarkiholi’s lawyers on Wednesday. The suit had named 68 media houses, channels and others.
- High Commissioner Alex Ellis also said more debates on the farmers' protest should be expected around the world as India takes on a greater role on the global stage