Service Matters

Reservation in Appointment | Supreme Court Observations

Reservation in Appointment

Reservation in appointment is important topic for public debate in India. Its talks about reservation in appointment.

It refers to the practice of setting aside a certain percentage of positions in government institutions, educational institutions.

Specially, the Reservation is for individuals belonging to historically disadvantaged or marginalized communities.

The intention behind such reservations is to promote social justice and uplift backward class.

Specially for those who have been historically oppressed, the concept is not without its critics and legal challenges.

Constitutional History for Reservation

In India, there are provision in India Constitution, which provides for reservation of seats in educational institutions and public employment.

This Reservation for SC, ST, Other Backward Classes (OBCs) and now for EWS also.

This affirmative action policy aims to address the systemic discrimination and social exclusion faced by these communities for centuries.

Supreme Court’s view on Reservation

However, the reservation policies are undergoing trough numerous legal battles, with concerns raised about its impact on meritorious candidates.

One of the landmark case of Indra Sawhney & Ors. v. Union of India (1992), commonly known as the Mandal Commission case.

The Supreme Court, in its judgment, upheld the constitutional validity of reservations but capped the total reservation quota at 50%.

In this Judgment the Supreme Court highlighted the need to balance the interests of the reserved and unreserved categories.

Criticism on Reservation in India

The debate surrounding reservation in appointments often revolves around the concept of meritocracy.

Critics argue that merit should be the sole criterion for selection, irrespective of caste or social background, to ensure the efficiency and competence of public institutions.

However, proponents of reservations argue that historical injustices and systemic inequalities cannot be ignored, and affirmative action is necessary to provide equal opportunities to all sections of society.

There is also demand for reservation in Armed Force Services, However, Armed Forces Law does not provide any reservation for ST, SC & OBC.

Extending of Reservation in Private Sector

Moreover, reservation policies extend beyond government institutions to the private sector in some cases.

For instance, in India, certain states have mandated reservations for specified categories in private sector jobs.

This move has been met with resistance from employers who argue that it infringes upon their autonomy and hampers productivity.

However, supporters of such policies contend that the private sector also has a responsibility to contribute to social justice and inclusive growth.

Reservation in Promotion

The Supreme Court has played a crucial role in shaping the contours of reservation policies through various judgments.

In M. Nagaraj & Ors. v. Union of India (2006), the Supreme Court laid down guidelines for providing reservations in promotions for SCs and STs.

In the aforesaid Judgment, the Supreme Court was emphasizing the need to collect quantifiable data to demonstrate the backwardness of these communities and the inadequacy of their representation in public services.

This judgment underscored the importance of ensuring that reservation policies are based on empirical evidence and do not perpetuate inefficiency or administrative imbalance.

Despite the legal framework governing reservation in appointments, challenges persist in its effective implementation.

Lacuna in Existing Reservation Policy

Lack of adequate representation for certain marginalized groups, continue to pose obstacles to achieving true social justice.

The true object of this reservation policy is not reaching to the real backward class peoples of this Country.

Reformation in Reservation Policy

Moving forward, there is a need for a nuanced approach that acknowledges the complexities surrounding reservation policies.

While reservations are essential for addressing historical injustices and promoting inclusivity, there must also be mechanisms in place to ensure transparency, accountability, and fairness in their implementation.

Additionally, efforts should be made to address the root causes of social inequality through comprehensive social and economic reforms.

Right of Equality after Reservation

In conclusion, reservation in appointments is a complex issue that requires a delicate balance between the principles of equality and equity.

While reservations are a crucial tool for promoting social justice and inclusivity, they must be implemented judiciously and in accordance with constitutional principles.

The role of the judiciary in interpreting and safeguarding the rights enshrined in the Constitution is paramount in ensuring that reservation policies uphold the ideals of a just and equitable society.

If parliament or state legislative assembly passed any act of reservation for any class in order to grant benefits to particular class, it must be supported by quantifiable data.

Supreme Court Advocate in Delhi for constitutional matters are fully updated about the latest law of Supreme Court on reservation in appointment.

Every lawyer must update own self by service matter law archives on regular basis to advise people property.