Sunday, September 9, 2012

Promotion Quota If Implemented Will Be EFFECTIVE From 1995

Promotion quota, if passed, to be implemented from 1995


Posted: Sunday, Sep 09, 2012 at 1211 hrs IST                                                                                                                                                

New Delhi: The Centre proposes to implement reservation in promotion for SCs and STs in government jobs with retrospective effect from June, 1995, according to the bill introduced in Rajya Sabha during the Monsoon session.

"It is also necessary to give retrospective effect to the proposed clause (4A) of Article 16 with effect from the date of coming into force of that clause as originally introduced, that is, from the 17th day of June, 1995," the bill states.

This means that the measure will come into effect from 1995 when the Constitution was amended for the purpose of providing reservation in promotions for SCs/STs.

The passage of the Constitution amendment bill has been delayed at least till the Winter session. But following opposition by Samajwadi Party and Shiv Sena and disruptions caused by NDA over coalgate issue, it could not be taken up for consideration and passage.

SCs and STs have been provided reservation in promotions since 1955. This was discontinued following the judgement in the case of Indra Sawhney wherein it was held that it is beyond the mandate of Article 16(4) of the Constitution.

Subsequently, the Constitution was amended by the Constitution (77th Amendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.

Later, clause (4A) was modified by the Constitution (85th Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservation. The validity of the Constitutional amendments was challenged before the Supreme Court.

The apex court, while deliberating on the issue of validity of Constitutional amendments in the case of M Nagaraj, observed that the concerned state will have to show in each case the existence of the compelling reasons: backwardness, inadequacy of representation and overall administrative efficiency before making provision for reservation in promotion.

Based on the judgement of the Supreme Court, the high courts of Rajasthan and Allahabad struck down the provisions for reservation in promotion in the services of the two states.

Subsequently, the Supreme Court has upheld the decisions of these high courts striking down provisions for reservation in respective states.

The latest Constitutional amendment on the issue is aimed at circumventing the Supreme Court order.

Vote Bank Politics is Dangerous for the Country

Elected Members of Parliament should keep in mind that they are voted to enter in Parliament to legislate laws which may provide safety, growth and good image of the country. 

They are elected to win the heart of voters and not meant to play Kabaddi in Parliament and always think of winning the battle from their opponents..Fight in Parliament speaks about the nature of standard of our elected representatives and definitely malign our image in the world.

They are elected to ponder over whether any bill serves the purpose of common men or not but they unfortunately always think whether credit will go to BJP or Congress Party. ,they think what will be the gain or loss in their vote bank, they target vote bank of opposition parties etc .They never care for the bad effects of such controversial and contentious  bill likely to cause on  social harmony and social peace.

Instead of focusing on framing of strong Lokpal Bill, MPs are fighting on Promotion quota bill which is very much disheartening, harmful and dangerous for the country's peace.

Supporting or opposing any bill in Parliament should be based on ideology, principles and ultimate gain and loss to Nation and to common men. But unfortunately none of MPs in Parliament discuss and debate on any such bill . They simply say yes or no as per whims of their party high command.

Unfortunately in the name of democratic principles or Supremacy of Parliament , Members of Parliament in general are playing dirty game of weakening MPs of other side.

MPs have neither respect for democratic principles nor for Parliament, 

Parties who are part of UPA are now  ready to amend Constitution and ready to go against the Supreme Court order disallowing reservation of SC  ST in Promotions. A few MPs want to win the heart of SC ST, a few others want to win the heart of Non SC ST.

It is well known to all that despite all such dirty politics of blind appeasement to Muslims and SC ST ,Congress Party has failed to improve the status of SC ST or that of  Minority community.

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