Question

The Supreme Court has recently allowed the Union government to implement the reservation in promotion policy for SC/ST employees. As per which article of the Constitution, reservation in promotions are mandated? [June 2018]

• A. Article $16$($4$A)
• B. Article $17$($4$A)
• C. Article $18$($4$A)
• D. Article $21$($4$A)

Answer 1

Answer: (A)

Article $16$($4$A)

On June 5, the Supreme Court has allowed the Union government to implement the reservation in promotion policy for SC/ST employees in accordance with the law but did not stay a Delhi High Court judgment that had quashed an August 1997 office memorandum issued by the Centre providing for reservation in promotions for Dalit and tribal employees. The vacation bench comprising Justices Adarsh Kumar Goel and Ashok Bhushan allowed such reservation but added without elaboration that it should be in accordance with law. As per Article 16 (4A) of the Constitution, the state would have to make out a case for providing reservation in promotion to SC/ST based on quantifiable data. The provision also says that the data should be based on factors like backwardness, inadequacy of representation and overall efficiency.