In 2006, a five-judge Constitution Bench had ruled that the state was not bound to provide reservation for SCs/STs in promotions.
Whether its 2006 judgment on the reservation for Scheduled Castes and Scheduled Tribes in promotions needs to be revisited, Constitution Bench of the Supreme Court is going to examine that.
The matter was referred to the Constitution Bench Wednesday by a three-judge bench comprising Chief Justice of India Dipak Misra and Justices A K Sikri and Ashok Bhushan. The Constitution Bench has to decide the issue whether the order in M Nagaraj vs Union of India needs to be looked at afresh or nor? The Constitution Bench will not go into the merit of the matter.
In 2006, a five-judge Constitution Bench had ruled that the state was not bound to provide reservation for SCs/STs in promotions, but in case any state wished to make such a provision, it was required to collect quantifiable data showing backwardness of the class as well as its inadequate representation in public employment. Additionally, the state was required to ensure that reservation does not breach the 50 per cent ceiling, adversely affect the creamy layer or extend it indefinitely.