25 Aug, 2012 01:21 PM

Attorney General warns Govt. against quota in promotions

The Attorney General of India, GE Vahanavati has cautioned the government on this proposal saying it could be easily challenged and may not stand in a court of law.

The government is in favour of reservation for the SCs/ STs in job promotions. BSP had made an uproar in the parliament for this. Following the all-party meeting on August 21, Minister of State for PMO V Narayanasamy said that the government was ready to bring in constitutional amendments on the issue.

He says, because the proposed amendments may be vulnerable to challenge on the ground that the basic fundamentals of equality and the structure of the constitution are violated.

The Supreme Court has held that three aspects needs to be looked into for reservations in promotions. That being backwardness, inadequacy of representation and overall administrative efficiency. It went on to say that only if these criteria are met then promotions given to people from the Scheduled Castes and Scheduled Tribes would be valid.

The country's top law officer has advised the government to bring in validating clauses to ensure that these aspects are looked into before bringing in the amendment.

The Attorney General also adds that the observations of the Supreme Court not only relate to the basic structure of the Constitution but also the fundamentals of equality. Any amendments to those aspects are likely to be challenged and it is difficult to predict what the court would hold. If court takes a positive or wider view ( and not a restricted view ) of equality and upholds the contention that there can be no equality if a vast section of the people are denied an opportunity for advancement then the amendment could be sustained.

The Congress Party and the government has said they would bring a constitutional amendment which is legally sustainable.

Most political parties have given their concurrence and the Samajwadi Party even wanted this reservation in promotions to be extended to backward classes and minorities.

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