UPA’s quota quandary
Since while quashing the notification, the court had observed that no exercise was undertaken to collect quantifiable data regarding inadequacy of SC/ST employees in senior government jobs, it would be interesting to see what kind of data the UPA government comes up with to support the amendment.
For there is every likelihood that the Constitution amendment would be challenged by those opposing the provision.
In Nagaraj, a five-judge SC Bench had categorically ruled that before providing for reservations “the concerned State will have to show in each case the existence of the compelling reasons, namely, backwardness, inadequacy of representation and overall administrative efficiency”.
The Bench had also ruled that while the State “is not bound to make reservation for SC/ST in matter of promotions”, in case it wanted to make such provision, it “has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment”.