States not bound to provide reservation in promotions to SCs/STs: SC

New Delhi: The Supreme Court on Wednesday turned an appeal to reconsider its earlier order that had rejected the idea of reservations for scheduled castes or scheduled tribes (SC/ST) in job promotions.

A five-judge constitution bench on Wednesday said there is no need to review the 2006 Nagaraj verdict, the matter need not be referred to a seven-judge constitution bench.

The bench headed by Chief Justice Dipak Misra said states need not collect quantifiable data on backwardness for giving quota in job promotion to SC/ST employees.

A plea had asked the Supreme Court to set up a bench larger than the one that delivered the 2006 verdict and to reconsider the idea of having reservations for scheduled castes and scheduled tribes in job promotions.



Bahujan Samajwadi Party chief Mayawati welcomed the Supreme Court’s order and said, “the judgement is welcome to a certain extent since the Supreme Court didn’t impose a restriction in this regard and clearly said that centre or state governments can provide reservation if they want.”

The SC’s 2006 judgment, also known as Nagaraj case, had said: “…state will have to show in each case the existence of compelling reasons, namely backwardness, inadequacy of representation and overall administrative efficiency, before making provision for reservation in promotion.”

The October 19, 2006 judgment said that the concept of creamy layer within the SC/ST is not the issue. “There may be individuals who might have overcome the stigma, but the community continues to face the stigma.”