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No need to collect data on SC/ST for quota in job promotions, says Supreme Court

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No need to collect data on SC/ST for quota in job promotions, says Supreme Court

The Supreme Court today (Wednesday, September 26) ruled that states don’t have to collect quantifiable data on ‘backwardness’ for giving quota in job promotion to SC/ST employees.

A five-judge constitution bench headed by Chief Justice Dipak Misra and also comprising Justices Kurian Joseph, RF Nariman, SK Kaul and Indu Malhotra refused to refer the pleas against its 2006 judgment in M Nagaraj vs Union of India to a larger seven-judge bench, while ruling that the guidelines laid down by it in the case for providing reservations in job promotions were “bad in law”.

The court termed the Nagaraj verdict and the guidelines laid out in it for reservations as being contrary to the Supreme Court’s historic judgment in the Indra Sawhney case.

However, the court was silent on the other two caveats put by Nagraj judgment— collection of data on adequacy of representation of SC/ST in promotional posts and not to disturb administrative efficiency.

The SC bench had reserved its verdict on August 30 after hearing various stakeholders, including the Centre, on the matter.

The Nagaraj verdict was pronounced on October 19, 2006 by a five-judge Constitution Bench comprising Justice YK Sabharwal, KG Balakrishnan, SH Kapadia, CK Thakker and PK Balasubramanyan.

The court 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,” reported India Legal.

The Centre and various state governments had also sought reconsideration of this verdict on various grounds, including that the members of the SC and ST communities are presumed to be backward and considering their stigma of caste, they should be given reservation even in job promotions. The verdict was proving to be a hurdle to filling up lakhs of vacancies in different government departments spread across various States.

The Centre had alleged that the verdict in the M Nagraj case had put unnecessary conditions in granting quota benefits to the SC and ST employees and sought its reconsideration by a larger bench.

Attorney General KK Venugopal, appearing for the Centre, had strongly argued in favour of granting quota to SC and ST employees, saying there was a presumption of backwardness in their favour.

He said the SC and ST communities have been facing caste-based discrimination for long and the stigma of caste is attached to them despite the fact that some of them have come up.

During one of the hearings, senior advocate Rakesh Dwivedi, who represents those opposing quota in promotions, had told the bench that earlier there was presumption of backwardness with regard to scheduled caste and scheduled tribe communities.

There should not be quota in promotions for higher services as the presumption of backwardness of SC and ST employees “vanishes” once they join government service, he had claimed.

Dwivedi had also said quota in promotions for SC/ST may be continued for class-IV and class-III services, but should not be allowed for higher services.

Earlier, the top court had questioned the logic behind granting quota in promotions in government jobs to the kith and kin of affluent persons among the SC and ST communities who have been holding high official positions.

It had asked why the ‘creamy layer’ principle, used to exclude the affluent among other backward classes (OBCs) from enjoying the fruits of reservation, cannot be made applicable to deny quota benefits in promotion to those affluent among the SC and ST communities.

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Gandhi Parivar vs Sangh Parivar, Revanth Reddy’s remark sparks BJP attack

Telangana Chief Minister Revanth Reddy’s remarks contrasting the Gandhi Parivar with the Sangh Parivar triggered a BJP response accusing Congress of prioritising the Gandhi family.

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Telangana Chief Minister Revanth Reddy’s remarks comparing the Gandhi Parivar and Sangh Parivar have triggered a political exchange, with the BJP hitting back at the Congress leader.

Speaking in Kerala on Friday, Mr Reddy described the contest over India’s future as a fight between the two “parivars”. He said the Gandhi family had made sacrifices for the country while accusing the Sangh Parivar of attempting to divide India on the basis of religion, caste, region and language.

What Revanth Reddy said

Mr Reddy cited Mahatma Gandhi, Indira Gandhi and Rajiv Gandhi while speaking about what he described as sacrifices made by the Gandhi family.

He also referred to Sonia Gandhi, Rahul Gandhi and Priyanka Gandhi, saying they had given up positions, power and high office.

The Telangana Chief Minister said he had no remaining personal political ambitions and described his objective as working towards a Congress-led government at the Centre with Rahul Gandhi as Prime Minister.

Mr Reddy also appealed to people to stand with the Gandhi Parivar and oppose the Sangh Parivar. He described the latter as a threat to India’s democracy.

BJP hits back

The BJP responded to Mr Reddy’s remarks on Saturday.

BJP spokesperson Pradeep Bhandari said the Telangana Chief Minister’s comments amounted to an admission that Congress’s objective was to bring the Gandhi family back to power.

He also linked Mr Reddy’s remarks to the ongoing political debate around “vote chori”, the Election Commission, the Constitution and democracy, arguing that the Congress’s focus was instead on the Gandhi family.

The exchange adds to the political confrontation between the BJP and Congress, with Mr Reddy presenting the Gandhi Parivar and Sangh Parivar as opposing forces in India’s political future, while the BJP has interpreted his remarks as evidence of Congress’s focus on the Gandhi family.

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India hits back at Shehbaz Sharif at UN, says terror will have consequences

India hit back at Pakistan Prime Minister Shehbaz Sharif’s UN speech, with New Delhi warning that terrorism will have consequences.

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India has responded to Pakistan Prime Minister Shehbaz Sharif’s remarks at the United Nations, delivering a strong message on terrorism and warning that such actions will have consequences.

The response came after Mr Sharif addressed the UN and raised issues concerning India and Pakistan. New Delhi rejected the narrative presented by the Pakistani prime minister and highlighted the issue of terrorism.

India’s message was delivered by Petal Gehlot, who represented New Delhi in the response to Pakistan.

India warns Pakistan over terrorism

India’s response focused on Pakistan’s record and its approach towards terrorism. New Delhi made clear that terrorism cannot be separated from its consequences and that those responsible cannot expect such actions to go unanswered.

The Indian side also pushed back against the claims and allegations made by Mr Sharif during his UN speech.

The exchange comes amid continuing tensions between India and Pakistan, with terrorism remaining a major point of disagreement between the two countries.

Shehbaz Sharif’s UN remarks

In his address, Pakistan Prime Minister Shehbaz Sharif spoke about India-Pakistan relations and raised several issues concerning New Delhi.

India subsequently exercised its right of reply to respond to Pakistan’s statements at the United Nations.

New Delhi’s response underlined its position that terrorism remains a serious issue in the relationship and that there would be consequences for terrorist actions.

The latest exchange at the UN adds to the continuing diplomatic confrontation between the two neighbouring countries.

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Veeramani POCSO case: Vijay questions Stalin over earlier probe

Tamil Nadu Chief Minister Vijay has questioned MK Stalin over the handling of the Veeramani POCSO case, while Stalin has rejected allegations that the previous DMK government protected anyone.

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Actor Vijay

Tamil Nadu Chief Minister and Tamilaga Vettri Kazhagam (TVK) president C Joseph Vijay has questioned DMK president MK Stalin over the handling of the POCSO case involving Gem Granites founder R Veeramani. The political exchange follows renewed investigation into allegations involving minor girls.

Vijay’s remarks came as the ruling TVK stepped up its questions about how the case was handled during the previous DMK government. The party’s IT wing has alleged that the earlier investigation was weakened and questioned why a final report was filed.

The allegations have been rejected by the DMK. Stalin has said that no order was issued by the DMK government to protect anyone in the case and has called the allegations false and defamatory.

What did Vijay say about the Veeramani case?

Vijay questioned Stalin over the handling of the case and demanded an explanation from the former chief minister.

The TVK has specifically questioned why action was not taken against Veeramani during the previous administration and why the earlier investigation resulted in a closure report.

The party has also raised questions about the role of officials involved in the earlier investigation. These are political allegations made by the TVK and have not been established as facts.

What is the Veeramani POCSO case?

The case concerns allegations of sexual abuse of minors involving R Veeramani, the founder of Gem Granites.

The case came under renewed scrutiny after a special POCSO court rejected an earlier closure report and ordered further investigation. The expanded probe has subsequently identified additional alleged survivors who were minors at the time of the alleged offences, according to current reporting.

The investigation is also examining the circumstances surrounding the earlier probe and whether there were any lapses in how the case was handled.

What has MK Stalin said?

Stalin has rejected allegations that the previous DMK government protected Veeramani.

He has said that no order was issued by the DMK government to shield anyone in the case. Stalin has also said that everyone responsible for the alleged offences, including anyone who aided or attempted to protect the accused, should face the law.

The DMK president has further said that the focus should remain on securing justice for the affected girls rather than making political allegations.

Why has the case become a political issue?

The Veeramani case has become the subject of a political dispute between the ruling TVK and the DMK over the handling of the earlier investigation.

The TVK is questioning the previous government’s handling of the case, while the DMK has denied that it intervened to protect the accused.

At this stage, claims about political interference or deliberate weakening of the earlier investigation should be treated as allegations unless established by the ongoing investigation or judicial proceedings.

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