QUOTA IN PROMOTIONS

Description

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Context - The Union Government has initiated the process of collecting data about the Scheduled Caste (SC) and Scheduled Tribe (ST) employees at all levels of government.

Details

According to the past judgement of the Supreme Court, the Collection of quantifiable data on the inadequacy of representation of social groups is a prerequisite condition for providing quotas in the promotion.

Reservation System in India

The Reservation system is an arrangement of affirmative action where a certain percentage of seats are reserved in Public employment and educational institutions.
In India, the Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs) and socially and economically backward communities who were earlier poorly represented in the Public sector and educational institutions are now covered under the reservation facility.

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In India, about 60% of seats are reserved for various sections like ST, SC, OBC, and EWS in Government jobs and Higher Education Institutions.
- 3% of seats are also reserved for differently-abled persons across all categories.
The reservation policy is also enforced for the Scheduled Castes and Scheduled Tribes for representation in the Indian Parliament.
The reservation issue has also remained a cause of conflict between the reserved and the non-reserved sections of society.

Arguments in the favour of Reservation System

It ensures equality, by providing opportunities to people from backward classes.
It promotes justice and human rights.
Decreasing inequality by promoting economic opportunities for the lower section of Society.
Correcting historical injustice
Reservation provides a level playing field as it is challenging for people from backward sections that were historically deprived of education, skills, and wealth to all of a sudden start competing with those who had access to those resources for years.

Arguments against Reservation System

It Promotes Casteism and creates division in our society, and also encourages caste-based Politics.
Beneficiaries of reservation are mostly from the dominant class in backward castes. Thus, the marginalized section still remains marginalized.
Affects the productivity of an organisation if unfit candidates get the opportunities.
A reservation only provides a limited and short-term solution to historical injustice issues.
Many deserving people from the upper castes are also affected by poverty and illiteracy.
Reservation demands by various groups may cause social turmoil, such as during the Mandal Commission (1990).

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Way Forward

The representation of reserved castes declines from 40% to 25% at the lowest levels. This is because dominant castes in positions of authority discriminate against and publish negative reports about poor castes.
- As a result, they face discrimination in high-level positions and promotions.
Reservation in Promotion is important to ensure equality of opportunity, but at the same time, we must remember that merely Gaining employment and a position does not ensure the end of social discrimination.
The argument given against the reservation in promotion is that it could affect the efficiency of the organisational set-up is misleading as it is hard to quantify overall efficiency in Government organisations.
Judgement in the Nagraj Case mandates that the government Cannot introduce Reservation in promotion for ST/SC persons in public employment unless they prove that the particular Community is backward, is inadequately represented and such a reservation in promotion could not affect the overall efficiency of public administration.
The Supreme Court stated that the Government Could provide reservations in promotions to SCs and STs, but would have to show the existence of Certain reasons:
- Backwardness
- Inadequacy of representation
- Administrative efficiency
In another Judgement, Supreme Court held that there is no need to collect social and educational data to provide reservations in promotions in government jobs for SCs and STs.