BSP seeks Constitutional amendment for SC, ST promotion quota
When Rajya Sabha met for the day, Satish Chandra Misra (BSP) stated that his party has given a notice for suspension of Question Hour to raise the issue of Supreme Court judgment overturning reservation for SCs, STs and OBCs in promotion.
He requested Chairman Hamid Ansari to allow his party leader Mayawati to raise the issue, to which he agreed.
Mayawati said the Supreme Court in Indra Sawhney case had declared as ultra vires reservation in promotion. However, in order to continue reservation in promotions, the Constitution was amended to enable states to continue reservation in promotion.
First in case of Rajasthan, and on April 27 in case of Uttar Pradesh, the Supreme Court has held that reservation in promotion is unconstitutional, she said.
The Supreme Court had last week quashed Uttar Pradesh government`s decision to provide reservation benefits for SCs, STs and OBCs in promotions saying the state failed to furnish sufficient valid data to justify the move to promote employees on caste basis.
The apex court said the rule was contrary to the various judgements by the Constitution benches in the M Nagara, Indra Sawhney and various other cases wherein it was provided that reservation in promotions can be given only if there is sufficient data and evidence to justify the need.
Mayawati said SC and ST employees will have to revert to their original posts if this ruling is not changed.
"It is extremely important for the Central government to bring a Constitutional amendment during the current session of the Parliament itself" to make the Supreme Court ruling ineffective, she said.