What is Reservation in Promotion

History of reservation: India has its own interesting history related to the concept of reservation in promotion. Reservation system has been prevalent in India for quite some time now. It has displayed its reach to areas such as education, jobs, etc. and boasts of itself being a support system which extends help and fair relaxations to the people of the country belonging to the previously and currently oppressed members of the society. The main beneficiaries of the implications of this reservation system are the people belonging to the scheduled caste, scheduled tribe and O ! categories of the society. The reservation system in India is not derived y any act passed by the parliament or the state legislature in the country. The concept of reservation system in the society is basically a set of rules, practices or a set of laws which has been passed by the constitution and has been termed as statutory. "owever, this topic of reservation has proved to be a very controversial one among the Indian citi#en with some people favoring for the system and some people completely against the system. Reservation in Promotion: $s a very important aspect of the reservation system, the reservation in promotion has seen a fair amount of amendments and changes since its inception and implementation. %ince the year &'((, India has been providing reservations to scheduled caste and scheduled tribe people of the society, which came under the $rticle &) *+,. -hen the .Indra %awhney /s 0nion of India1 case came up in the court, it was determined that the case was a part of reservation in promotion and was beyond the authori#ation of the $rticle &) *+,. The initial + *$, stated that Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favor of the Scheduled Castes and the Scheduled Tri es !hich" in the opinion of the State" are not ade#uately represented in the services under the State$% &'th (mendment: $ seniority clause was amended in 233&, which was the 4( th amendment and this amendment replaced the words )in matters of promotion to any class) with the words )in matters of promotion" !ith conse#uential seniority" to any class) . The lines )ade#uately represented in the services under the State) were not removed from the article and it was causing a lot of confusion and uncertainty in the process of reservation for promotions for the bac5ward classes of the society. Supreme court stipulation: On &'th October 233), the %upreme !ourt of India upheld the timely amendments that had been made to the article, more so in case of consequential seniority. "owever, the court placed a stipulation in front of the concerned states that are

willing to adopt the reservation in promotions. The stipulation was that in each case, the existence of compelling reasons which include bac5wardness, inadequacy of representation and overall administrative efficiency should be determined and presented before ma5ing provisions for reservation. **+th (mendment efforts y government: In the &&6th amendment, the government is ma5ing efforts to remove the necessity of producing the proof for bac5wardness as directed by the %upreme !ourt. The government is stating the reason that it is quite a difficult tas5 to collect quantifiable data bac5wardness of the class and inadequacy of representation of that class in public employment. Challenges: The main question that arises in the minds of the people is that as the government is claiming the process of collecting and exhibiting the data which could prove the bac5wardness factor as a difficult one, is the basis for reservation of promotions unreasonable in nature. $nother important point that challenges the government7s efforts is that irrespective of the fact that the person is financially strong or wea5, if the candidate belongs to the reserved categories, benefits may be availed, which contradicts the concept of equality.