New Delhi: The Supreme Court said its 2006 verdict putting benefits of quotas in job promotions for SC/ST employees need not be referred to a larger seven-judge bench. It said that the 2006 verdict did not need to be reconsidered.
 
It also turned down the Centre’s plea to gather population data on SC/ST people for granting quota to them.
 
It also reversed the finding in Nagaraj judgment that required states to collect quantifiable data to prove backwardness, saying it was contrary to the decision in Indira Sawhney case.
 
The unanimous judgement was pronounced by a five-judge Constitution bench headed by Chief Justice Dipak Misra.
 
Misra said states need not collect quantifiable data on backwardness of SC/ST for giving quota in job promotion to SC/ST employees.
 
“Bahujan Samajwadi Party chief Mayawati welcomed the Supreme Court’s order and said, “the judgement is welcome to a certain extent since the Supreme Court didn’t impose a restriction in this regard and clearly said that centre or state governments can provide reservation if they want,” said NDTV.
 
The top court by its 2006 judgment, also known as Nagaraj case, had said: “state will have to show in each case the existence of compelling reasons, namely backwardness, inadequacy of representation and overall administrative efficiency, before making provision for reservation in promotion.”
 
“The October 19, 2006 judgment had said that the concept of creamy layer within the SC/ST is not the issue. “There may be individuals who might have overcome the stigma, but the community continues to face the stigma.” In the Nagaraj verdict, the Supreme Court had held that the state was not bound to provide reservation in promotions to SCs/STs. 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, the SC had said,” The Indian Express said.
 
Additionally, the state was also required to ensure that the reservation does not breach the 50 per cent ceiling.
 
Read Also:
SC, ST to get quota only in their home states: SC verdict

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Photo credit: Two Circles

On August 10, 2018, The All India Muslim Majlis-e-Mushawarat (AIMMM), UP in association with like-minded social activist and NGOs organised a seminar on “Discriminatory provisions of para 3 of Constitution (SCs) Order 1950” at Ambedkar Mahasabha, Hazratganj. Lucknow.

 As per Para 3 of Constitution (SCs) Order 1950 any non-Hindu cannot be regarded as a scheduled caste. However, in 1956, this order was amended to include Sikhs, and again in 1990 to include the Buddhists among the scheduled castes. So now after these amendments, para 3 says that nobody who is not a Hindu, Sikh or Buddhist can be a scheduled caste.
 Thus, Para 3 of the constitutional order (SC) excludes Dalit Christians and Muslims from the benefits of reservation in the fields of education and employment given to the members of SCs under Article 341 of the Indian Constitution.

Dr Anis Ansari led the delegation of All India Muslim Majlis e Mushawarat UP to Sri Ram Nath Kovind, President of India at Raj Bhavan, Lucknow and submitted a memorandum for the abolition of religious discrimination against Muslim & Christian Dalits under para 3 of Presidential order  Constitution (SCs) Order 1950.

The president assured that he said he would get the memorandum examined as this issue is dealt with by the Ministry of Social Justice & Empowerment.

“If there is no response from the Govt of India, we will continue our struggle till this discrimination against Muslim & Christian Dalits is ended. We demand para 3 of President’s Constitution (SCs) Order 1950 to be abolished & the benefits of reservation under Art 341 of Constitution to be extended to Muslim & Christian Dalits also” said Dr Ansari, President, UP Unit, AIMMM.

 The delegation included Maulana Zaheer Ahmad Siddiqui Nadawi Vice President AIMMM UP, Sri Mohd Khalid Vice President AIMMM UP,  Sri Tariq Siddiqui Secretary General AIMMM U.P. & Bhai Tej Singh National President Ambedkar Samaj Party.

This story was first published on Two Circles. Read the original here.

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