Category: Reservations

ISSUE:

Whether the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the Posts in Civil Services of the State) Act, 2018 (“2018 Reservation Act”), is constitutionally valid or not?

Whether a new statute introducing provisions similar to those struck down by the Supreme Court is invalid, when the grounds for striking down the previous Act have been cured?

Whether the principle of “efficiency of administration” under Article 335 of the Constitution is met by the 2018 Reservation Act?

Whether the concept of creamy layer applies to grant of seniority as a consequence of promotion on basis of reservation?

RULE:

Article 16(4A) of the Constitution permits the state to provide reservations in promotions for SC/STs if there is inadequate representation in services and such measures do not compromise the efficiency of administration.

Article 335 of the Constitution requires that claims of SC/STs be balanced with maintaining administrative efficiency.

Legislative actions addressing judicial decisions are valid if they correct the underlying basis of the court’s ruling without overriding it.

ISSUE:

Whether the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000 (“the Act”), is violative of Article 341(2) of the Constitution of India?

Whether the Act is constitutionally invalid for lack of legislative competence?

Whether the subclassification of Scheduled Castes violates Article 14 of the Constitution of India?

RULE:

The classification of Scheduled Castes in the Constitution was meant to address the historically oppressed groups as a unified whole.

Any sub-classification within Scheduled Castes, for preferential treatment, would be discriminatory and unconstitutional under Articles 14, 15, and 16 of the Constitution.

ISSUE:

Whether the order of the State of Mysore reserving 68% seats is justified under Article 15(4) of the Constitution?

Whether State governments have the authority to sub-divide backward classes into two categories – “backward” and “more backward” class?

RULE:

While adopting reservation to advance the weaker sections of society under Articles 15(4) and 16(4) of the Constitution, care must be taken not to exclude deserving candidates from other communities from admissions to higher educational institutions.

Special provisions for reservations should generally be less than 50%. However, the exact percentage within this limit is in the domain of the State government to decide.

Special provisions under Article 15(4) of the Constitution can be made by the Union or State governments by executive order.

“Class” under Article 15(4) of the Constitution is different from “caste”.