Supreme Court refuses to reconsider order on SC/ST quota for promotions
New Delhi, Sep 26 : The Supreme Court Wednesday said its 2006 verdict putting benefits of quotas in job promotions for SC/ST employees need not be referred to a seven-judge bench.
The apex court also turned down the Centre's plea that overall population of SC/ST be considered for granting quota for them.
The unanimous judgement was pronounced by a five-judge Constitution bench headed by Chief Justice Dipak Misra.
The bench, also comprising Justices Kurian Joseph, R F Nariman, S K Kaul and Indu Malhotra, said states need not collect quantifiable data on backwardness of SC/ST for giving quota in job promotion to SC/ST employees.
The bench did not comment on two other conditions given in the 2006 verdict which dealt with adequacy of representation of SC/ST in promotion and not to disturb administrative efficiency.
The court's verdict came on petitions seeking that a seven-judge bench reconsiders the court's 2006 judgement which had put conditions for granting quota benefits in job promotions for SC/ST employees.
The bench had reserved its verdict on August 30 after hearing various stakeholders, including the Centre, on the matter.
A five-judge constitution bench, in its 2006 verdict in the M Nagraj case, had said the states are bound to provide quantifiable data on the backwardness of Scheduled Castes (SC) and Scheduled Tribes (ST), the facts about their inadequate representation in government jobs and the overall administrative efficiency, before providing quota in promotions to members of these communities.
The Centre and various state governments have 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 Centre has 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 K K 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 had 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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TVK falls short within touching distance; what next to ensure majority
Chennai (PIT): With TVK falling 10 short of a majority, its leader Vijay has the option of forming a minority government in Tamil Nadu without any outside support, analysts said on Tuesday.
Senior political analyst Sumanth Raman told PTI that the TVK is likely to opt to be a minority government with outside support.
"Since it is the single largest party, TVK has the option to go for that. I don't think he (Vijay) will opt for official support from other political party's MLAs", he said.
"If he opts for minority government, the only thing is that, Vijay will have to prove the support once again after six months".
Raman also pointed out that in 2006 when DMK won only 92 seats, the then party president, the late M Karunanidhi formed a minority government with outside support.
In a completely unexpected turn of events in the Tamil Nadu Assembly elections, the TVK has emerged victorious, putting an end to the almost six decade-long dominance of the two major Dravidian parties--DMK and AIADMK.
By clinching victory in its debut electoral contest, the party has elevated its status to that of a recognised political entity. However, the Vijay-led TVK did not secure a mandate large enough to form a government with an absolute majority on its own, requiring another 10 to cross the finish line. Experts have varied opinions.
Specifically, to attain a simple majority, a political party must win at least 118 out of the total 234 constituencies. The TVK, however, secured victory in 108 constituencies. Given that the TVK fell short of the majority mark, what might unfold next?
TVK leader Vijay has won in both constituencies he contested--Perambur in Chennai and Tiruchirappalli East. As per the election commission rule, he will have to resign from one of these seats. TVK sources said that the leader is likely to surrender the Tiruchirappalli assembly seat.
If Vijay does so, the party's total tally of seats will decrease by one. Then it will be 107. Adding to the number games, TVK appointed Speaker of the Assembly will be ineligible to cast a vote during a confidence motion and the party's effective voting strength will be reduced by yet another seat, which comes to 106.
Accordingly, the TVK requires the support of an additional 12 members to demonstrate its majority. As of now, within the DMK alliance, the Congress party has secured five seats, the two Communist parties have won two seats each (totaling four), while the DMDK has secured one seat, the Indian Union Muslim League (IUML) has won two seats and the VCK has secured two seats.
Within the AIADMK alliance, the PMK has grabbed four seats, the BJP has won one seat, and the AMMK has secured one seat. Going by the calculations, if TVK gets the support of other parties within both alliances, it would gain an additional 21 seats.
TVK could potentially secure a total of 129 seats (108 + 21). However, the TVK does not require the support of all those parties, and the backing of just 12 members would suffice.
As Vijay is expected to visit Lok Bhavan on Wednesday (May 6) to meet the governor Rajendra Vishwanath Arlekar to stake claim to form government, the governor is expected to offer the TVK two options.
First, he may summon the TVK chief and instruct him to demonstrate his majority on the floor of the legislative assembly. Alternatively, he might ask Vijay to gather letters of support from "allied" parties and submit them to him.
If the TVK secures support exceeding 118 seats, the governor would invite the party form the government. If TVK fails to garner support from other political parties, it will be denied the opportunity to form the government.
In such a scenario, the governor has the option to invite the DMK, the party holding the second-highest number of seats to form the government.
If DMK too is unable to form a government, the state of Tamil Nadu will come under governor's rule for the subsequent six months. Following this period, fresh legislative Assembly elections will be once again held across all 234 constituencies.
Another political analyst Durai Karuna ruled out that TVK will go for a minority government.
"If he (Vijay) gives an appeal, many political parties including Congress, VCK and left parties will join TVK", he claimed. "In addition, the AIADMK, which has decided to organise MLAs meeting on Wednesday, might also announce that it would support TVK unconditionally".
He said a clear picture on Vijay's decision will emerge in a couple of days.
Tharasu Shyam, political critic, claimed that Congress was "holding talks with Vijay."
"From now on, the DMK must change its approach and this applies equally to the AIADMK," he said in an apparent reference to some reported difference of opinion between allies DMK and Congress over seat-sharing and power-sharing ahead of the April 23 polls.
Incidentally, AICC in-charge for Tamil Nadu, Girish Chodankar, on Tuesday admitted that the Congress party leadership's decision to stick with the DMK alliance went against strong grassroots sentiment favouring the TVK.
"The local leaders, the grassroots level leaders, were suggesting if Rahul Gandhi, who has a large acceptance in Tamil Nadu, joins the campaign with Vijay, it will create a big impact and we can sweep the Tamil Nadu polls, and get somewhere around 180-190 seats," Chodankar told PTI Videos.
