In the public discourse, there is much misinformed analysis of the recent controversy over reservation in promotions. In this recent article, Mr.P.S.Krishnan explains the issues succinctly. The highlight of his article is that in the Nagaraj case, the Supreme Court’s five Judge Bench upheld the amendments which facilitated reservations in promotions for the SCs and STs, but imposed conditions which are relevant only for the OBCs. In the recent U.P.Power Corporation case, the reverse happened: the Court insisted on compliance with those wrongly-imposed conditions to quash the relevant provisions of the U.P.Act, enabling reservations in promotions. Some of our contributors, who have followed the issue closely, may like to comment on Mr.Krishnan’s article in a separate post.
UPDATE: Constitution 117th Amendment Bill has been introduced in the Rajya Sabha