Cabinet clears SC, ST quota in promotions
In an attempt to reach out to the Dalit vote and regain some
political initiative, the government will try on Wednesday to pass a
constitutional amendment bill in the Rajya Sabha aimed at securing unfettered
reservation in promotion for the scheduled castes and the scheduled tribes.
The bill’s passage, however, hangs in suspense as the BJP — whose support is crucial for a constitutional amendment — is not keen on calling off its protests over Coalgate that have paralysed Parliament. The BJP plans to open its cards only on the floor of the House.
The Cabinet on Tuesday okayed in a jiffy the proposed change in the Constitution to undo a Supreme Court ruling that put a spanner in the “promotion quota” by requiring states to prove with quantifiable data that SCs and STs were backward and were inadequately represented in services in order to avail the quota.
The constitutional amendment’s success hinges on the BJP’s support and tranquility in the upper House as it has to be put to vote, requiring the presence of at least 50% of members and a two-thirds “yes” vote.
WHAT’S THE FUSS ABOUT?
Although guaranteed in the Constitution, SC placed 3 riders for quota in promotions for SC/ST – a) A state has to prove inadequate representation; b) Prove backwardness; c) Ensure administrative efficiency
Cabinet seeking to rewrite Constitutional clause to make SC/STs automatically deemed backward, ensure proportionate quota in promotions and blunt efficiency clause
Can this be challenged in court? Yes. In fact, A-G has already warned govt to expect legal challenge BJP under pressure to support politically correct Bill The BJP leadership met on Tuesday evening to consider its stance, but the party is under pressure to support a politically correct bill which, however, sits at odds with its instincts. The government’s move is intended to force BJP to lift its siege of Parliament over Coalgate while delivering Congress brownie points on the Dalit front.
The pressure of Dalit opinion was intense with BSP chief Mayawati calling on BJP leaders Sushma Swaraj and Arun Jaitley to seek their backing for the amendment to the Constitution.
Parliamentary affairs minister Pawan Bansal said it will be up to parties, particularly those who supported the move at an all-party consultation called by Prime Minister Manmohan Singh, to vote for the bill.
The decision to move the bill first in Rajya Sabha seems linked to the smaller number of nine Samajwadi Party MPs compared with 22 in Lok Sabha.
Bansal justified plans for a quick vote without discussion, saying the House needs to consider just a four-line amendment. In the case of the quota in promotions bill, all but SP are backing the proposal.
The legislation seeks to replace Article 16(4A), which enables the state to provide promotion quota for SC/STs, with a new formulation that would render irrelevant the need to prove backwardness and inadequate share in services.
The amendment also seeks to insulate ‘promotion quota’ from the effects of Article 335 that says quota policies should not adversely impact the efficiency of administration.
The bill’s passage, however, hangs in suspense as the BJP — whose support is crucial for a constitutional amendment — is not keen on calling off its protests over Coalgate that have paralysed Parliament. The BJP plans to open its cards only on the floor of the House.
The Cabinet on Tuesday okayed in a jiffy the proposed change in the Constitution to undo a Supreme Court ruling that put a spanner in the “promotion quota” by requiring states to prove with quantifiable data that SCs and STs were backward and were inadequately represented in services in order to avail the quota.
The constitutional amendment’s success hinges on the BJP’s support and tranquility in the upper House as it has to be put to vote, requiring the presence of at least 50% of members and a two-thirds “yes” vote.
WHAT’S THE FUSS ABOUT?
Although guaranteed in the Constitution, SC placed 3 riders for quota in promotions for SC/ST – a) A state has to prove inadequate representation; b) Prove backwardness; c) Ensure administrative efficiency
Cabinet seeking to rewrite Constitutional clause to make SC/STs automatically deemed backward, ensure proportionate quota in promotions and blunt efficiency clause
Can this be challenged in court? Yes. In fact, A-G has already warned govt to expect legal challenge BJP under pressure to support politically correct Bill The BJP leadership met on Tuesday evening to consider its stance, but the party is under pressure to support a politically correct bill which, however, sits at odds with its instincts. The government’s move is intended to force BJP to lift its siege of Parliament over Coalgate while delivering Congress brownie points on the Dalit front.
The pressure of Dalit opinion was intense with BSP chief Mayawati calling on BJP leaders Sushma Swaraj and Arun Jaitley to seek their backing for the amendment to the Constitution.
Parliamentary affairs minister Pawan Bansal said it will be up to parties, particularly those who supported the move at an all-party consultation called by Prime Minister Manmohan Singh, to vote for the bill.
The decision to move the bill first in Rajya Sabha seems linked to the smaller number of nine Samajwadi Party MPs compared with 22 in Lok Sabha.
Bansal justified plans for a quick vote without discussion, saying the House needs to consider just a four-line amendment. In the case of the quota in promotions bill, all but SP are backing the proposal.
The legislation seeks to replace Article 16(4A), which enables the state to provide promotion quota for SC/STs, with a new formulation that would render irrelevant the need to prove backwardness and inadequate share in services.
The amendment also seeks to insulate ‘promotion quota’ from the effects of Article 335 that says quota policies should not adversely impact the efficiency of administration.
House nod to help fill 16,864 SC/ST vacancies at Centre
If the proposed legislation, providing reservation to SCs and STs in
promotions in government jobs, gets the mandatory Parliament nod, it will pave
the way for filling as many as 16,864 vacancies in central services. These
vacancies were supposed to be filled through promotion to SCs and STs, but
pendency persisted in the absence of clarity in policy.
Officials in the ministry of personnel believe that the removal of term “inadequate representation” through amending the Article 16(4) of the Constitution will help clear those backlogs that had piled up for long.
Though vacancies exist under the direct recruitment category, the number of vacancies is more under the promotion category of the SCs and STs in the absence of “qualifying data” on the basis of such promotions could be granted.
“The legislative action will now obviate the need for qualifying data. It will end uncertainties with regard to methodology for deciding the promotion. It will be easier for the government to fill the backlogs,” said an official.
Government statistics shows that 7,500 vacancies of SCs were filled in central jobs from November, 2008, to January, 2012, as against the vacancies of 14,110. Similarly in the case of STs, only 6,667 posts were filled through promotion as against the vacancies of 16, 921 during the period.
Official figures show that the number of vacancies under the promotion category for SCs and STs has consistently been on the rise because more people from these groups had joined the central government jobs over the years. As against 13.17% SCs and 2.25% STs in central services as on 1 January, 1965, their representation has now increased to about 17.15% and 7.16%, respectively.
Officials in the ministry of personnel believe that the removal of term “inadequate representation” through amending the Article 16(4) of the Constitution will help clear those backlogs that had piled up for long.
Though vacancies exist under the direct recruitment category, the number of vacancies is more under the promotion category of the SCs and STs in the absence of “qualifying data” on the basis of such promotions could be granted.
“The legislative action will now obviate the need for qualifying data. It will end uncertainties with regard to methodology for deciding the promotion. It will be easier for the government to fill the backlogs,” said an official.
Government statistics shows that 7,500 vacancies of SCs were filled in central jobs from November, 2008, to January, 2012, as against the vacancies of 14,110. Similarly in the case of STs, only 6,667 posts were filled through promotion as against the vacancies of 16, 921 during the period.
Official figures show that the number of vacancies under the promotion category for SCs and STs has consistently been on the rise because more people from these groups had joined the central government jobs over the years. As against 13.17% SCs and 2.25% STs in central services as on 1 January, 1965, their representation has now increased to about 17.15% and 7.16%, respectively.
source: The Times of India dt 5-9-12
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