Government lays down norms for quota in promotions

Last Updated15/04/2022

The Department of Personnel and Training (DoPT) has asked all departments of the Central Government to collect the data on inadequacy of representation of SCs/STs before implementing the policy of reservation in promotion in government offices.

The coordinating agency of the Central Government in personnel matters especially in respect of issues concerning recruitment, training, career development and staff welfare.
The move is likely to benefit Central Secretariat Service (CSS) officials who have not been promoted for the past six years.
The CSS comprises middle to senior management rank officials in various ministries of the Central government.
The DoPT order has also specified conditions to be met while implementing the policy of reservation in promotions.

Article 16(4) of the Constitution provides for reservations to backward classes in Central/State government jobs.
Scheduled Castes (SCs) and Scheduled Tribes (STs) were initially provided reservations, which was later extended to Other Backward Classes (OBCs) and Economically Weaker Sections (EWS).

A nine-judge bench of the Supreme Court decided that Article 16(4) of the Constitution did not provide for reservation in promotions.

To override the judgement and enable reservations in promotions, the Parliament, through the 77th Constitutional Amendment Act 1995, added a new clause in Article 16 i.e. Article 16(4A), making provision for reservation in promotions for SCs/STs.

The 85th Constitutional Amendment Act, 2001 was brought in for also giving consequential seniority to SCs and STs in matters of reservation in promotion.
M. Nagraj v/s Union of India Judgement (2006): The 77th and 85th Amendment in the Constitution were challenged by the General Category employees before a five-judge bench of the Supreme Court.
- The Court clubbed all these petitions challenging these amendments and gave its verdict in the case of M. Nagraj v/s Union of India in 2006.
- In its verdict, the Court validated Parliament’s decision to extend reservations for SCs/STs to include promotions (reservation in promotion).
- Conditions for Providing Reservation in Promotions: In the M. Nagraj Judgement, the Court laid down three conditions that the State must meet prior to granting a SC/ST a reservation in promotion.
- First, the State must show the backwardness of the class
- Second, it must show that the class is inadequately represented in the position/service for which reservations in promotion will be granted.
- Finally, it must show that the reservations would not affect the overall efficiency of administration

SC modified the Nagaraj judgement to the extent that State need not produce quantifiable data to prove the “backwardness” of SCs and STs before granting reservations.
The court cited the judgement of 9-judge bench in the Indira Sawhney case which had held that the “test or requirement of social and educational backwardness cannot be applied to Scheduled Castes and Scheduled Tribes, who indubitably fall within the expression ‘backward class of citizens’”.
This judgement was a boost to efforts to provide “accelerated promotion with consequential seniority” for SC/ST members in government services.

In the Nagraj judgement, the Supreme Court held that reservations in promotions can be granted if a backward class is "inadequately represented".
However, there remained confusion on how "inadequacy of representation" must be measured for providing reservations in promotions to various backward classes. 2022 Judgement by the Supreme Court:
A group of petitioners, including the Central Government and a few State Governments, had sought more clarity mainly on the issue of how the "adequacy of representation" must be determined.
In January 2022, the Supreme Court held that collection of data to determine the inadequacy of representation of Scheduled Castes/Scheduled Tribes in Government jobs is necessary to grant reservation in promotions.
The Court held that “cadre” and not class, group or the entire service as the unit for the purpose of collection of quantifiable data for giving promotion quotas.
However, the Court has left it to the States and Central Government to assess the inadequacy of representation of SCs/STs to promotional posts taking into account relevant factors.

Collection of quantifiable data regarding inadequacy of representation of SCs and STs Application of this data to each cadre separately
The order also says that, in order to ensure maintenance of efficiency of administration, the promotion committee shall carefully assess the suitability of the officers being considered for promotion.
The order said that all the ministries and departments are required to ensure that the conditions are complied with before implementing the policy of reservation in promotions and carrying out any promotions based thereon.