The A-G requested CJI Dipak Misra to expeditiously set up a 7-judge bench to reconsider Nagaraj judgment.
New Delhi: The Supreme Court on Wednesday indicated that it might constitute a 7-judge Constitution Bench on August 3 to consider whether “Nagaraj judgment by a 5-judge bench”, putting spokes in grant of reservation in promotion, required reconsideration.
The Centre through attorney-general K.K. Venugopal told a bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud that lakhs of promotions across various departments in governments have been held up because of conditions put by Nagaraj judgment.
The A-G requested CJI Dipak Misra to expeditiously set up a 7-judge bench to reconsider Nagaraj judgment. When he pleaded for some interim order, the CJI refused to pass any interim order contrary to the scheme put in place by Nagaraj judgment. This means till a 7-judge bench clarifies the position, it will be difficult for the governments to allow reservation in promotions.
In October 2006, a five-judge Constitution Bench in the case of Nagaraj vs Union of India has concluded the issue by holding that the State is not bound to make reservation for SC/ST in matter of promotions. However, if they wish to exercise their discretion and make such provision, the State has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment.
There must be compelling reasons, namely, backwardness and inadequacy of representation, which enables the States to provide for reservation keeping in mind the overall efficiency of the State administration. The Centre wants the apex court to reconsider this issue. The attorney-general wanted the court to have a re-look at this verdict by a larger becnh.