The Supreme Court in the matter of M. Nagaraj case,
while upholding validity of the Constitution amendments regarding
reservation in promotion to the Scheduled Castes and Scheduled Tribes,
has laid down certain pre-requisite conditions for providing reservation
in promotion to SCs and STs, namely the State has to see about
inadequacy of representation, backwardness of the class and efficiency
of administration. To overcome these pre-requisite conditions, the
Government proposed to introduce a bill to amend the Constitution.
Opinion of the Attorney General of India was sought on the proposed bill
and he had not opined that the Bill on the Constitutional amendment for
reservation of Scheduled Castes/Scheduled Tribes in promotion in the
Government jobs was erroneous.
The Bill aims to amend Article 16(4A) so as to continue with existing
provisions of reservation in promotion to the Scheduled Castes and
Scheduled Tribes, without any impediment.
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