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4) Discuss the verdict of SC in M Nagraj case 2006 and the clarification issued by SC wrt reservation in promotions?(250 words) 

Topic – Indian polity : Issues

4) Discuss the verdict of SC in M Nagraj case 2006 and the clarification issued by SC wrt reservation in promotions?(250 words) 

Financial express

Why this question

The issue of reservation in promotions for SC/ST in public sector jobs has been a source of debate since Indra Sawhney verdict. The clarifications issued by SC yesterday on the same issue gives some clarifications wrt Nagraj verdict. The details of the verdict along with the implications it has on the issue of reservation in promotions need to be prepared in detail.

Key demand of the question

The question expects us to examine the issue of reservation in promotions, give details of the verdict of SC in Nagraj case etc, and highlight the clarification issued by SC on the same issue. Finally, we need to bring out whether or not the verdict settled the debates surrounding the issue of reservation in promotions.

Directive word

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer

Introduction – Give a brief background of the issue and details about the current case.

Body

  • Discuss the constitutional provisions related to reservation in promotions for SC/ST and explain what the issue is all about.
  • Discuss the verdict of SC in Nagraj case
    • 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 SCs and STs, the facts about their inadequate representation in government jobs and the overall administrative efficiency, before providing quota in promotions to members of these communities.
    • Discuss the 3 criteria that had to be satisfied for granting reservation in promotions
  • Highlight the clarification issued by court yesterday – that data requirement is not mandatory. Highlight that the issue of administrative efficiency etc have not gotten any clarifications.
  • Discuss the implications of the verdict and what it means for the overall debate on reservations

Conclusion – Give your view on this issue and discuss the way forward.