tag:blogger.com,1999:blog-15602189.post1820585157278535288..comments2023-09-21T16:17:51.838+05:30Comments on Law and Other Things: Concerns with the 117th Constitution Amendment Bill on Reservations in PromotionsAnonymoushttp://www.blogger.com/profile/09348738084817273397noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-15602189.post-87188505845925420142012-09-11T12:17:57.872+05:302012-09-11T12:17:57.872+05:30Read this post. It will serve you well to understa...Read this post. It will serve you well to understand why there are no SC/ST on high ranks in public employment.And if you want to see how reservation effects reservation just go and see the quality of faculty in some colleges which follows this practice. I could have named my college which follows this practice and is getting worse every day although it is blessed with world class physical infrastructure and lot more monetary support than other institutions of the same class<br /><br /><br />http://www.firstpost.com/india/why-quotas-for-promotions-are-a-bad-bad-idea-427573.htmlAnonymoushttps://www.blogger.com/profile/17937015764168442964noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-34661501116448754652012-09-10T10:20:51.304+05:302012-09-10T10:20:51.304+05:30Mr.Krishnan correctly points out in the article th...Mr.Krishnan correctly points out in the article that the burden is on those who question the quota in promotions to show that the SCs/ST are adequately represented in the public services.This doesn't mean that there is difficulty in obtaining data, or that there is uncertainty on the methodology of this exercise, as the SOR claims.V.Venkatesanhttps://www.blogger.com/profile/08138846925562952785noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-10987582384322675522012-09-10T10:15:44.791+05:302012-09-10T10:15:44.791+05:30Anup,
I read Mr.Krishnan's article again afte...Anup,<br /><br />I read Mr.Krishnan's article again after I spoke to him. They are not inconsistent at all. In the article, he takes the position that the Govt is not required to obtain data on inadequacy of representation if you interpret the Constitutional provisions, in terms of their simple meaning. However, he also holds the view that the SOR which points to "difficulties" in obtaining data is wrong. The data is easy to obtain, any one can access it, on the DoPT's website, or annual reports. Therefore, the "difficulties" in obtaining data cannot be the justification for the Bill, as the SOR suggests.V.Venkatesanhttps://www.blogger.com/profile/08138846925562952785noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-17991827314021587592012-09-10T09:25:15.030+05:302012-09-10T09:25:15.030+05:30I would also like to point out the decision of the...I would also like to point out the decision of the Supreme Court in Suraj Bhan Meena v. State of Rajasthan (December 2010, http://indiankanoon.org/doc/816271/) -- where a 2-judge bench struck down two notifications of the Rajasthan Government for not having undertaken the exercise mapped out in Nagaraj, especially the failure to demonstrate inadequacy of representation. Anup Surendranathhttps://www.blogger.com/profile/05624246434873983858noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-11405909299274048382012-09-10T09:16:33.083+05:302012-09-10T09:16:33.083+05:30VV,
Did Mr. PS Krishnan give you any reasons for ...VV,<br /><br />Did Mr. PS Krishnan give you any reasons for changing his position on the question of empirical evidence to demonstrate inadequacy of representation?<br /><br />On the question of the flwed application of creamy layer in Nagaraj -- I think the response would be that the ruling in Nagaraj is directly on the subject of reservations in promotions and the observation in AK Thakur was in the context of higher educational institutions. Whether that would be a satisfactory response could be debated. But I would think that the observation in Indra Sawhney along with the position stated in AK Thakur is conclusive evidence of the fact that Nagaraj got it wrong as far as proving backwardness/ creamy layer for SC/STs beneficiaries is concerned. <br /><br />Anup Surendranathhttps://www.blogger.com/profile/05624246434873983858noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-1000197844003907782012-09-09T23:22:15.334+05:302012-09-09T23:22:15.334+05:30Anup,
You referred to Nagaraj, and how the creamy...Anup, <br />You referred to Nagaraj, and how the creamy layer argument was flawed. Don't you think in the Ashok Kumar Thakur case, the court overruled the Nagaraj ruling on this (impliedly) by explicitly recognising that creamy layer exclusion does not apply to the SCs and STs?V.Venkatesanhttps://www.blogger.com/profile/08138846925562952785noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-70083640728749405762012-09-09T20:55:07.375+05:302012-09-09T20:55:07.375+05:30It is interesting to note that Mr.Krishnan now say...It is interesting to note that Mr.Krishnan now says that it is easy to demonstrate inadequacy of representation to the SCs/STs in the Central services,and the Government can do it. He told LAOT that he disagrees with the SOR of the Bill which claims there is difficulty in collection of quantifiable data showing inadequacy of representation in public employment. He feels that the Govt. need not collect data about backwardness because it is not relevant for the SCs and STs.V.Venkatesanhttps://www.blogger.com/profile/08138846925562952785noreply@blogger.com