RESERVATION FOR DALITS IN PROMOTIONS
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RESERVATION FOR DALITS IN PROMOTIONS

Recently the UPA Government brought before Parliament a constitional amendment bill to enforce continuous availability of reservation for Dalits in case of promotions. Bahaujan Samaj Party which brought forward such a legislation in UP got struck with the High Court holding it unconstitutional in the light of judgment of the SC in Indira Sawhney Case popularly called Mandal Case. SCwhile upholding the constitutional validity of reservations to Other Backward Classes, it struck down the constitutional provision of reservation to SC/ST in the case of promotions allowing it only for 5 years which was to get extended by successive constitional amendments. This amendment met with stiff opposition from BSP who wanted this to be extended to OBC as well supported by DMK while BJP thought this a ploy to divert attention fromthe coal gate scam.

The logic of SC in calling that reservations in promotion negate article 14 on equality of opportunity and dilute efficiency standards is questionable in as much as the standard of administration in states where reservation quota is large, has always been better than in other states.  While SC has okayed entry level affirmative action, furtherance of this in promotion it says will bring down efficiency. But the bill seeks to remove wordings in the enabling provision such as insufficient representation and efficiency to circumvent the judical verdict. Instead, we could think of a uniform tenure of service for all Government servants because those late entrants to service fromSC/ST do not get a chance to climb up the ladder in service. That could enable them to get to higher echelons of power hitherto beyond their reach. This was a great idea propounded by one Professor Katju. There could be many more ways to ensure that Dalits get due representation in all forms of Government other than merely amending the constitution.

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