In the Jarnail Singh case (2018), the Nagaraj judgement's demonstration of backwardness provision was overturned.
03 July 2021 Current Affairs:The Supreme Court ruled that a disabled person can receive the benefit of promotion reservation even if he or she was hired in the regular category or developed the disability after starting work.
The 1995 Act (Persons with Disabilities Act of 1995) makes no distinction between a person who entered service because of disability and a person who acquired disability after entering service. The Act of 1995 recognises the right to promotion reservation.
Highlights:
♦ The Supreme Court ruled in the Indira Sawhney case (1992) that the reservation policy cannot be applied to promotions.
♦ However, the 77th Constitutional Amendment restored the provision for reservations in promotions by inserting clause 4A into article 16.
♦ In the Nagaraj judgement (2006), the Court established three controlling conditions that the state must meet before granting SC/ST promotion reservations:
♦ The state must demonstrate the class's backwardness.
♦ The class is underrepresented in positions or services.
♦ Reservations are made in the name of administrative efficiency.
♦ In the Jarnail Singh case (2018), the Nagaraj judgement's demonstration of backwardness provision was overturned.
The 1995 Act (Persons with Disabilities Act of 1995) makes no distinction between a person who entered service because of disability and a person who acquired disability after entering service. The Act of 1995 recognises the right to promotion reservation.
Highlights:
♦ The Supreme Court ruled in the Indira Sawhney case (1992) that the reservation policy cannot be applied to promotions.
♦ However, the 77th Constitutional Amendment restored the provision for reservations in promotions by inserting clause 4A into article 16.
♦ In the Nagaraj judgement (2006), the Court established three controlling conditions that the state must meet before granting SC/ST promotion reservations:
♦ The state must demonstrate the class's backwardness.
♦ The class is underrepresented in positions or services.
♦ Reservations are made in the name of administrative efficiency.
♦ In the Jarnail Singh case (2018), the Nagaraj judgement's demonstration of backwardness provision was overturned.