Deadline for promotion quotas for the disabled

Deadline for promotion quotas for the disabled

Part of: Prelims and GS II – Policies and interventions 

Context The Supreme Court has asked the Centre to issue instructions “at the earliest and not later than four months” for giving reservation in promotions to persons with disabilities (PwDs).

• In a January 14, 2020 judgment of the apex court confirming that PwDs have a right to reservation in promotions. The judgement is famously known as Siddaraju v/s State of Karnataka.
• It said instructions should be issued in accordance with Section 34 of the Rights of Persons with Disabilities Act, 2016.
  • It provides that “every appropriate government shall appoint in every government establishment not less than 4% of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities.

About Siddaraju v/s State of Karnataka case

• In  the case of Siddaraju v/s State of Karnataka, the Supreme Court affirmed the Reservation of Persons with Disability (PWDs) under the Rights of Persons with Disabilities Act, 2016. In the given case, the decision given under Indra Sawhney’s Case was reconsidered.
• The Court was of the view that the basis for providing reservation for PWD is a physical disability and not any of the criteria forbidden under article 16(1).
• Further, the reservation of persons with disability has nothing to do with 50% ceiling. Therefore, the rule of no reservation promotions as laid down in Indra Sawhney has clearly and normatively no application to persons with disability.

Other landmark judgements with regard to Reservation in promotion

• In the Indira Sawhney case (1992), SC held that the reservation policy cannot be extended to promotions. 
• However, the 77th Constitutional Amendment inserted clause 4A in article 16 and restored provision of reservations in promotions.
• In Nagaraj judgement (2006), Court laid down three controlling conditions that the state must meet prior to granting SC/ST a reservation in promotion: 
  • state must show that backwardness of the class 
  • class is inadequately represented in position or service 
  • reservations are in the interest of Administrative efficiency 
• In Jarnail Singh case (2018), it struck down the demonstration of backwardness provision from Nagaraj judgement.