Reality Check India

117th Constitutional Amendment Bill Text – Promotion quota

Bill Text Const 117th Amendment Bill 2012 (PDF)

THE CONSTITUTION (ONE HUNDRED SEVENTEENTH
AMENDMENT) BILL, 2012
A
BILL
further to amend the Constitution of India.
BEit enacted by Parliament in the Sixty-third Year of the Republic of India as
follows:—
1.(1) This Act may be called the Constitution (One Hundred Seventeenth Amendment)
Act, 2012.
(2) It shall be deemed to have come into force on the 17th day of June, 1995.
2.In the Constitution, in Part III, in article 16, for clause (4A), the following clause
shall be substituted, namely:––
“(4A) Notwithstanding anything contained elsewhere in the Constitution, the
Scheduled Castes and the Scheduled Tribes notified under article 341 and article 342,
respectively, shall be deemed to be backward and nothing in this article or in article
335 shall prevent the State from making any provision for reservation in matters of
promotions, with consequential seniority, to any class or classes of posts in the
services under the State in favour of the Scheduled Castes and the Scheduled Tribes
to the extent of the percentage of reservation provided to the Scheduled Castes and
the Scheduled Tribes in the services of the State.”.

Edit: The previous clause 16 (4A) post the 85th Amendment reads thus

(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

Amendment
of article 16.
AS INTRODUCED IN THERAJYASABHA
Bill No. XLVIII of 2012
5
10
15
STATEMENT OF OBJECTS AND REASONS
The Scheduled Castes and the Scheduled Tribes have been provided reservation in
promotions since 1955. This was discontinued following the judgment in the case of Indra
Sawhney Vs.Union of India, wherein it was held that it is beyond the mandate of Article 16(4)
of the Constitution of India. Subsequently, the Constitution was amended by the Constitution
(Seventy-seventh Amendment) Act, 1995 and a new clause (4A) was inserted in article 16 to
enable the Government to provide reservation in promotion in favour of the Scheduled
Castes and the Scheduled Tribes. Subsequently, clause (4A) of article 16 was modified by
the Constitution (Eighty-fifth Amendment) Act, 2001 to provide consequential seniority to
the Scheduled Castes and the Scheduled Tribes candidates promoted by giving reservation.
The validity of the constitutional amendments was challenged before the Supreme
Court. The Supreme Court while deliberating on the issue of validity of Constitutional
amendments in the case of M. Nagaraj Vs.UOI & Ors., observed that 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 before making provision
for reservation in promotion.
Relying on the judgment of the Supreme Court in M. Nagaraj case, the High Court of
Rajasthan and the High Court of Allahabad have struck down the provisions for reservation
in promotion in the services of the State of Rajasthan and the State of Uttar Pradesh,
respectively. Subsequently, the Supreme Court has upheld the decisions of these High
Courts striking down provisions for reservation in respective States.
It has been observed that there is difficulty in collection of quantifiable data showing
backwardness of the class and inadequacy of representation of that class in public
employment. Moreover, there is uncertainty on the methodology of this exercise.
Thus, in the wake of the judgment of the Supreme Court in M. Nagaraj case, the
prospects of promotion of the employees belonging to the Scheduled Castes and the
Scheduled Tribes are being adversely affected.
Demands for carrying out further amendment in the Constitution were raised by
various quarters. A discussion on the issue of reservation in promotion was held in Parliament
on 3-5-2012. Demand for amendment of the Constitution in order to provide reservation for
the Scheduled Castes and the Scheduled Tribes in promotion has been voiced by the
Members of Parliament. An All-Party Meeting to discuss the issue was held on 21-08-2012.
There was a general consensus to carry out amendment in the Constitution, so as to enable
the State to continue the scheme of reservation in promotion for the Scheduled Castes and
the Scheduled Tribes as it existed since 1995.
In view of the above, the Government has reviewed the position and has decided to
move the constitutional amendment to substitute clause (4A) of article 16, with a view to
provide impediment-free reservation in promotion to the Scheduled Castes and the Scheduled
Tribes and to bring certainty and clarity in the matter. It is also necessary to give retrospective
effect to the proposed clause (4A) of article 16 with effect from the date of coming into force
of that clause as originally introduced, that is, from the 17th day of June, 1995.
NEWDELHI; V. NARAYANASAMY
The4th September, 2012.
2
ANNEXURE
EXTRACT FROM THECONSTITUTION OFINDIA
* * * * *
16. (1) * * * * *
(4A) Nothing in this article shall prevent the State from making any provision for
reservation in matters of promotion, with consequential seniority, to any class or classes of
posts in the services under the State in favour of the Scheduled Castes and the Scheduled
Tribes which, in the opinion of the State, are not adequately represented in the services
under the State.

75 Responses

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  1. P. VENU said, on September 5, 2012 at 7:01 pm

    The Congress Party wants to keep their promises given to SC people at the time independence.
    Therefore it wanted to mitigate the hardship icreated by the Court in getting promotion by SC/ST people . The political parties who opposes the amendment bill should read the history and sholud support the bill without any murmor to the honour the words of great Indial Leaders.

    • S.Subramanian said, on December 17, 2012 at 7:04 pm

      It is well said Mr. Venu.. This is not a Charity . It is our right, comparatively very very small, when comparing with the foregone hard earned political political right in the poona Pact. The life time achievement of Baba Sahib B.R.Ambedkar was snatched away by Mr. Mohandoss K.Gandhi through the above pact.

    • lakshmi srinivas said, on April 14, 2013 at 5:29 am

      first of u have to read the history mr.venu.reservations are intended to keep and make up people to equal status not intended to keep high sc and st than others.
      and one more thing i have to tell u reservations are amended for every 10 years becoz if they (parlimnentarians) feel reservations are not required they can stop the provisions and privelages for sc and st, but it never happened why bcoz they lost vote bank.
      due to the above mentioned provisions the rich sc and st becoming more richer, nothing helpful for poor people that is the reason till today so many sc and st are still poor inspite of giving this many privelages.
      in my perspective its better to stop reservations in education and promotions for rich sc and st ,then defnitely the intended privelaes will reach to grooss roots of society and more over with in 10 years it will eliminate poverty in sc and st up to 50 %

      • amol said, on July 31, 2013 at 12:53 pm

        i agree with lakshmi srinivas, there is no provision or way in current scenario to check the upliftment of backward classes. law makers should do two things either abolish the caste based reservations only the economic based reservation should be present OR the system of non creamy layer should be implemented across all caste based reservations.

      • Ponnala Balaram said, on November 11, 2013 at 3:54 pm

        reservations which are being amended for every 10 Years are political reservations Ex- mla, mp and local body seats. Reservations in Education and employment are covered in FUNDAMENTALS they can not be amended for your information

      • vngpal said, on November 20, 2014 at 2:42 pm

        If you recommend to stop reservation for rich Sc/st, then there will not be much people in the Government form sc/st. You know even now in class-I post the representation in all post/departments only 3 to 4% instead of 21%. Only in group 4 (sweepers) 100% filled. Now can you say stop reservation in promotion and education. Pl.do not get carried away with some one who is against reservation.

  2. Priyambada Hota. said, on September 9, 2012 at 4:38 pm

    It would not be encouraging to enact this resevation in promotion of SCs and STs bill in the parliament . Instead of creating equality it would lead to inequality in Indian society. We are proud of as Indian, because despite a wide range of diversities we are one. So it would create divisive forces in the country. So it should not be passed.

  3. Prof I.C. Tiwari (Retired), Shitala Ka Bas, PO: SIKAR (RAJ)-PIN-332 001 said, on September 18, 2012 at 4:04 am

    Constitutional 117th amendment Bill for Reservations in Promotions for SC/ST relating to article 16(4-A) of Constitution for more clarity and removal of doubts among general Category candidates be amended as-
    “Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion with consequential seniority, to any class or classes of posts in the services under the State in favour of Scheduled Castes and the Scheduled Tribes which in the opinion of the State, are not adequately represented in the promotion quota posts services under the State and after fulfilling their quota no benefit of reservations shall be given.”

  4. Kumar Surendra said, on December 14, 2012 at 5:56 am

    Can any one apprise me number of departments headed by the sc/st officials since independence till date.

    • A. Bose said, on December 15, 2012 at 4:33 pm

      can Govt./any body provide me what is the total sc/st population(%) in india today and what is the total population of higher cast(%) in india today. secondly, how may top rank posts are hold by the sc/st persons and how may top rank posts are hold by the higher cast persons. in the govt. office why the grade IV post (safaiwala etc.) recruitment are stop, needs of cleaning of the office is no required ! My simple request to all indians that please exchange our duty of safaiwala in the society with the higher cast which is carrying over last 2500 years. the sc/st men/women are starting their studying, learning, reading in the school just from 1955, where as brahmins/higher who were coming from abroad for business purpose only to india are from that time. how higher cast persons are demanding against the poor community’s right. is it reliable?

      kartik

      • gaurav gupta said, on January 5, 2014 at 4:49 pm

        in which world u live dude….u should read the history…just 400-500 yrs ago most ST classes in western india were rulers…if u want an example meena community …KOTA, BUNDI & JAIPUR were ruled by them.

  5. kaushi said, on December 14, 2012 at 10:13 am

    I guess that the passing of the bill will not bring about any inequality.

  6. Varshaa said, on December 14, 2012 at 6:08 pm

    It would definitely bring about inequality. Apart from that, one devastating factor would be the unethical use of the SC/ST certificate. It is sad to note that the population that really needs the push given by such reservations is not able to use it. Instead, people who are wealthy and are on par with the OC are the ones who exploit the reservation. Promotions must be given to the most deserving candidate based on the performance, not on the caste.

    • Vasanth said, on September 14, 2016 at 11:51 am

      For ur kind information, even though capable official get discriminated & given less marks/grade in his CRs/APARs. How he will be promoted at par with oc candidate? More over population of SC/STs is 23%, but brahmins population is only 4%. But group A & B posts occupied by them is more than 90%. Where is equality. For that reason only reservation is required,

  7. Upendra said, on December 17, 2012 at 2:59 pm

    This amendment must not force a reverse disrimination against General and OBC category. No one can be set permanent backward. Its failure of Congress government and the policy that so much time of independence there has been no change in the codition of SC?ST. Every political party knows how to divide and rule

  8. N S RAJ said, on December 17, 2012 at 4:01 pm

    AMENDMENTS & RULES ARE MADE BUT WHO EXAMINES THE APPLICATION OF RULES-THE DUTIES RESPONSIBILITY AND IDENTITY OF SUCH PERSONS BE DESCRIBED. ADDITIONAL RULES SHOULD BE MADE FOR THE CROOKED PERSONS WHO ARE INTERFERING IN PROCESS OF RULES APPLICATION THEY SHOULD BE IDENTIFIED AND PUNISHED AS MUCH AS, FOR MURDER BECAUSE SUCH PERSONS ALMOST RUIN LIFE OF A FAMILY WHICH LEADS TO MISERIES.
    WELL DONE MAYAWATI JI AND ENTIRE UPA FORCE
    THANK YOU

  9. G L RAJORIA said, on December 17, 2012 at 4:59 pm

    THANKYOU MAYAWATI JI, ME AAP KO SAT SAT NAMAN KARATA HU.THERE MAY SLILL BE PROBLEM IN MINISTRY OF RAILWAY , I FEEL THEY MAY NOT IMPLEMENT THIS (117 ) AMENDMENT , BECAUSE INDIAN RAILWAYS IS CONSIDERED A SEPARATE STATE ITSELF ,AND MAKE THEIR ON RULE, EVEN DO NOT FOLLOW THE RULES OF DOPT FOR PROMOTION OF OFFICERS. MAYAWATIJI ,PRIME MINISTERJI & SONIA GHANDIJI SHOULD DO SOMETHING TO GET JUSTICE FOR THE SC/ST OFFICERS OF INDIAN RAILWAYS .
    THANKS.

  10. R.P. SINHA said, on December 17, 2012 at 5:33 pm

    WHY NOT SC/ST CATEGORY PEOPLE ARE DEMANDING NO RESERVATION FOR PERSONS IN CREAMY LAYER AND FILLING THE RESERVED VACANCY BY PERSONS OF SC/ST BELOW CREAMY LAYER FOR BETTERMENT OF SUPPRESSED CLASS.

  11. R.P. SINHA said, on December 17, 2012 at 5:51 pm

    DO THE SENIOR PERSONS OF SC/ST LIKE TO WORK AS SUBORDINATES OF THEIR JUNIORS. IF NO, WHY THEY EXPECT THAT SENIORS OF GENERAL CATEGORY SHOULD WORK UNDER JUNIORS OF SC/ST CATEGORY?

    • vngpal said, on November 20, 2014 at 2:46 pm

      Pl. do not generalize your experience with one or two instances. many a people of sc/st are working under the juniors of the so called High caste in age and experience, and even qualifications

  12. S.Subramanian said, on December 17, 2012 at 7:13 pm

    If all are equal before god , then why should Brahman alone allowed act as a priest in temples

  13. prakash said, on December 17, 2012 at 7:49 pm

    castisim is the thing of past , political parties should come above cheap politics they should have long vision like china.

    • vngpal said, on November 20, 2014 at 2:50 pm

      Who told caste is the thing of past. Pl. check the different matrimonial webs, you will find the entire list of caste listed for potential selection. It is absolutely unthinkable to eradicate caste as long as the Hinduism exist. It is built on caste line only.

      • manish said, on November 6, 2015 at 12:35 pm

        Well said buddy

  14. k k agarwal varanasi said, on December 18, 2012 at 12:40 pm

    our constitution says about equality for all then why disparity among two coming on same post and on same date

    • Ponnala Balaram said, on November 11, 2013 at 4:07 pm

      If they are from same social status no disparity, it comes only when two different social status candidates are there, then the same constitution will support the weaker because these are being suppresed for thousands of years and now the justice is being done

    • vngpal said, on November 20, 2014 at 2:52 pm

      It is some thing like fundamental rights (Article 14 to 18) which can not be absolute but restricted when need arises. Law student can understand better.

  15. N S RAJ said, on December 18, 2012 at 3:31 pm

    1.RESERVATION IS SYSTEM FOR REPAIR OF INEQUALITY THAT EXISTED AND PRACTICED FOR THOUSAND YEARS. THIS CHANGE IS MAKING SOME RESISTANCE AMONG THOSE WHO DONT WANT TO CHANGE WHICH IS LACK OF UNDERSTANDING THE NEED OF DEMOCRACY STRENGTHENED BY THE POLITICAL SYSTEM IN INDIA.
    EXAMPLE,PERSON BORN IN KINGS FAMILY BECOMES KING AND A PERSON BORN IN POOR FAMILY BECOMES POOR. BUT IF YOU ASK KING TO CHANGE FOR EQUALITY AND HELP POOR HE WILL RESIST IT.

  16. sophisticatedbrat said, on December 19, 2012 at 4:48 am

    There is nothing more dangerous, more harmful for an individual, for a society, for a community and for a nation – than to have a ‘FALSE SENSE OF ACHIEVEMENT’.
    Reservation provides that . . .

    • Ramesh said, on December 19, 2012 at 2:10 pm

      And worshping a false god too

      • kaushi said, on December 20, 2012 at 7:38 am

        yup

    • n s raj said, on December 19, 2012 at 6:32 pm

      struggle for freedom, independence then establishment of democracy and provision of opportunity to the people and protection of the rights of people in the country is never a false sense of achievement its what our people sacrificed for save it feel it (its not dangerous or harmful)

  17. H.C.Gupta said, on December 19, 2012 at 2:49 pm

    IN THE NAME OF EQOALITY THIS WILL CREAT DANGEROUS SEPERATION AMONG SOCIETY.NO KINGS REMANING IN DEMOCRATIC INDIA BUT AMND 117 WILL FABRICATE KINGS&LORDS IN ABUNDENCE.

  18. kaushi said, on December 20, 2012 at 7:41 am

    I think some of the so called high castes have always been against the so called supressed castes in just everything…..Its time that upliftment is brought. Look into the history, dudes, you will know what exactly and why exactly casteism STILL rules like a CURSE in this nation. Can anyone break that curse?

  19. NIRUPAM said, on December 20, 2012 at 7:43 am

    आगर मुशलीम बिल भी पास हो जया तो आछ होगा

  20. kaushi said, on December 20, 2012 at 7:47 am

    Brotherhood and casteism are always against each other. Unless such community clashes and casteism itself is removed, I think we are just lying to ourselves by sayin, “All indians are my brothers and sisters”. Looks like India is submerged in a great confusion for decades. So sad….and when something like “upliftment of suppressed society issues are brought up, it seems to stir up more hatred amongst everybody and maybe even jealousy… and we, the oyunger generation, ar eblinded by the past mysteries of this nation

  21. mahesh yadav said, on December 22, 2012 at 10:45 am

    reservation is not a solution for sc & sts …i thnk first of all casteism should be removed from mind of every indian and this is responsibility of every indian….for this problem only one solution “changing of education system”

  22. N S RAJ said, on December 22, 2012 at 6:09 pm

    CASTEISM WHICH IS ROOTED IN MINDS CANNOT BE ERADICATED EASILY BUT RESERVATION WILL GIVE EARLY RELIEF TO THE SC ST UNFORTUNATELY THERE ARE SOME OBSTACLES / INTERFERENCE / MISGUIDING / MISINTERPRETING / OPPOSING FORCES WHICH PREVENT THE DEVELOPMENT AND GROWTH OF SC ST THAT AGAIN DEEPENS AND WIDENS THE GAP OF CASTEISM

  23. omkar ghumbre said, on January 8, 2013 at 7:21 pm

    it is a best way to implimenting art 16 (4a) right to equality & sc\st will become a equality of govt services

  24. N S RAJ said, on January 13, 2013 at 3:01 pm

    WHEN THERE IS CORRUPTION IN THE MINDS OF PEOPLE CAN YOU EXPECT THEM TO BEHAVE NORMAL. WHEN SOMEONE IS SNACHTIING THE FOOD OF OTHER CAN YOU EXPECT HIM TO SHARE. WHEN THERE IS VISIBLE RESISTANCE ON JUST OFFERING THE OPPORTUNITY TO THE POOR PERSONS CAN YOU EXPECT JUSTICE TO THEM. I THINK STRICT RULES AND REGULATIONS ARE MUST OTHERWISE NO CRIMINALS OF OUR SOCIETY WILL GET ANY PUNISHMENT AND THEY WILL CONTINUE THE CRIME. GOOD PERSONS IN SOCIETY WILL DEFINITELY UNDERSTAND THAT LAW AND JUSTICE IS THE NEED OF NATION FOR GROWTH AND DEVELOPMENT. RESERVATION IS NOT INTENDED TO DEPRIVE OTHERS BUT TO PROVIDE FOR THOSE WHO WERE DEPRIVED FOR THOUSAND YEARS .

  25. GOPAL.Y said, on May 21, 2013 at 9:35 am

    GOPAL.Y
    India is a country where many of Castes desparityTo bring equality,a men required Education, Higher Financial status. Especially un-touchables on basis of caste.To bring closer the Reservation is one of the Formula.To giving Reservation In Education and Appointments is the Best way. We can see the statistics after Independece it is prooved behind the thinking any thing Else.Providing a provision 16(4A) is a right decision. It has to implemented very soon without any deviations.

  26. VINOD SINGH said, on May 30, 2013 at 4:56 am

    Reservation is stigma on the democratic face of India. The right to EQUALITY envisages equality in all respects but if wealthy and already established sc/st people keep on taking the advantages of reservations and surpassing the more talented and more worthy General category people then it is obvious that this constitution/ biggest democracy is again repeating the history of creating differances among the Indian society……..Is this not the “UNEQUALITY encouraging mission” so that the ensuing generations may keep fighting….among themselves…………..* Should we not consider our democracy better than communism*** If yes then we must refrain from creating such circumstances which put question marks and stains on the face “THE RIGHT OF EQUALITY” of our constitution… VINOD SINGH,

  27. N S RAJ said, on June 1, 2013 at 6:30 pm

    RESERVATION IS FOR THE PERSONS WHO WERE NOT ABLE TO GET ENTRY DUE TO CASTEISM UNTOUCHABILITY AND LOWER SOCIAL STATUS. IT IS NEVER INTENDED TO DEPRIVE THE OTHER GENERAL PERSONS TO THEIR RIGHTS. THOSE WHO BELIEVE THAT RESERVATION IS DEPRIVING RIGHTS OF GENERAL PERSONS ARE MISGUIDED AND THIS MAY PREVENT THEM TO PERFORM IN FUTURE. OUT OF 22.5% SEATS ONLY 8 TO 11% ARE SELECTED THROUGH PROPER COMPETITION AND SELECTION PROCEDURES. IF THERE WAS NO RESERVATION THEN HARDLY 1TO 2 % WOULD GET ADMISSION. WHEN CHANGES ARE OCCURING DUE TO RESRVATION SOME MISGUIDED PERSONS ARE GETING RESTLESS CONFUSED SLEEPLESS BECAUSE OF SELFISH ATTITUDE THAT EXISTED FOR LONG PERIOD.

  28. pradeep said, on June 20, 2013 at 11:03 am

    Mr. Raj, do you belong to the reserved catagory ?
    then take a pause from your jargons,
    read Mr. Bharatratna Ambedkar ?
    think again.
    are you right ?

  29. Prashanth said, on July 14, 2013 at 5:45 pm

    I want perfect information about how many times our constitution has been amended till to date but some websites show that 96 times and some other shows that 114 times which one is correct

  30. rc said, on July 15, 2013 at 2:05 am

    96 have been passed, 118 are total proposed. I like to use the latter as it allows you to track the pending ones like the 117th (in this post).

  31. Reena Kamble said, on July 18, 2013 at 10:05 am

    Recently a retired IAS officer was denied entry into a temple at Ranapada in Orissa and this is rampant at several temples all over the country (Rural). There are various such cast based discrimination which go unreported and are being practiced since ages by brahmins. So till the time such castism is practiced, reservation will and should prevail!

  32. simmi said, on September 2, 2013 at 10:27 am

    The solution for eradication of castism in the country is all castes of hindus should be merged/ cubbed into one single cast of humanism like BHARTIYA and then economically backward people ( income based ) should be given reservation

  33. ram das said, on September 25, 2013 at 3:56 am

    only real & adequate representatives can establish the equality fraternity & justice among inequality based INDIA. To establish this system PUNA PACTshall be rolled back into COMMUNAL AWARD(for sc& st) for all the backward casts in either of the religeon in INDIA.

    • Ramkumar Kori said, on March 27, 2014 at 8:03 am

      Well said Sir. the only altimate solution we have.

  34. vinod said, on September 26, 2013 at 5:34 am

    Reservation is a curse. it is prevailing since independence. the objective was to give due representation in govt. services. but till now it is showing the utter failure of the govt. of India not to achieving the objective. we should keep in mind that the private sector of India is not favoring the reservation because they are interested only in performance not in caste and breed. these constututional ammendments are only ‘politics for votes’. how can we forget that the people from non reserved category are too in worst situations and people from reserved category are too in better situation. the differentiation in the society on the basis of caste should not to be there.

    • Dharampal Singh said, on May 21, 2016 at 11:22 am

      एक दलित कितना भी अमीर या IAS IPS बन जाये फिर भी लोग उसे दलित के नाम से जाना जायेगा जबकि एक उच्ची जाति या ब्राह्मण जाति का अगर वो छोटी सी चाय की दुकान पर काम कर रहा है तो भी लोग कहेंगे पंडित जी एक कफ चाय देना इस लिये जाति आधारित आरक्षण उचित है ओर आरक्षण कोई गरीबी उन्मूलन नहीं है

  35. nungshipongen said, on November 5, 2013 at 2:16 pm

    well done guys.

  36. N S RAJ said, on November 8, 2013 at 11:54 am

    RESERVATION IN ADMISSION AND PROMOTION SHOULD BE STRENGTHENED. THE RESISTANCE AND DISCRIMINATION OBSERVED EVERYHERE IS EVIDENT. SOCIAL INJUSTICE IN CASE OF RESERVED CATEGORY IS STILL THERE. THEREFORE THE RESERVATION SHOULD BE STRICTLY APPLIED.

    • j singh said, on February 19, 2014 at 4:57 pm

      The reservation is making the people handicapped and less hard worker. In education gen merit is 90% n above but sc/st’s 45% . Same in job nd then in promotion . Y. Reservation in promotion is not for needy it’s to uplift a single person adopted by the govt. Who is already stood up on his own legs.

      • Ramkumar Kori said, on March 27, 2014 at 7:59 am

        Can you give any example? Thare are several seat in Maharashrta where SC/ST have cut off marks more than Open category. What do you say about private institution where only open category people get admmision on just merely passing marks just on power of donetion/ money. same procedure is applicable in private job also. resevation is not only right but representation of SC/ ST. its evidence seen on Secretory level of India Govt, where no SC candidate is available at all, but 3% of indian Populated brahmin captured 60% of IAS post that means 2000% more that official population.

      • Ratna said, on June 26, 2014 at 9:57 am

        100% sahi yaar

  37. Ratna said, on June 26, 2014 at 9:56 am

    No reservation should be done now a days. When a general candidate and an sc/st candidate enrolled with an equal salary then status of both becomes equal. Then why quota in promotion ??? There are also so many general category cadidates who are below poverty. What govt does for them ? Is their any quota for them ? So quota should not be done on basis of caste but on basis of creamy & non-creamy layer.

    • vngpal said, on November 20, 2014 at 3:00 pm

      Pl. put your self (for a short while) as sc/st and think. The sufferings even to-day, pl.read news on them. How they could come up in life. Similar the case with Japan. The 4 varnas as in Hindus, the top most with 300 families only (like Brahmins-3% in India) wrote to the king to abolish the caste system. The feudal caste system in Japan ended in 1869 with the Meiji restoration. In 1871, the newly formed Meiji government issued a decree called Kaihōrei Emancipation Edict) giving outcasts equal legal status. Can you expect similar in India. If so yes there should not be discrimination.

    • Dharampal Singh said, on May 22, 2016 at 5:52 am

      Before finishing the reservation quota finish the caste or varan system, inequities in Bussniss, industries, lands occupied 100% by the non reserved categories these should be equally divided in all and made a policy for giving equal educations for all then talk about finishing the reservation on the basis of castism.

      • Sushil Kumar said, on July 26, 2017 at 9:23 am

        agreed, I thing this is the only answer who’s against the reservation.

  38. Sushant Brahpuriya said, on August 8, 2014 at 7:59 am

    actually its a game…which is playing by a politicians to preserve votebank….it is a big example of caste discrimination…..reservation should be based on annual income not on the caste certificate…..

    • vngpal said, on November 20, 2014 at 3:04 pm

      Who gives the actual annual income in India.Do the pan shop owner who earns Rs.20000 or more per month gives the actual income. Do the religious preachers earn in lakhs (like Nithiyanantha) give the orighinal earnings. Even if a sc earns one lakh /month he is still sc. A Brahmin earns 200Rs/day still he is Brahmin. In Hunduism, is all are equal? Why to compare only sc/st.

  39. N S RAJ said, on August 8, 2014 at 12:46 pm

    THERE IS ASSOCIATED VOTING AND POLITICAL SYSTEM WHICH IS ONLY OPTION TO MAKE CHANGES. BUT IT SHOULD NOT DISTURB THE PEOPLE BECAUSE IT IS JOINT DECISION OF THE SOCIETY. DISCRIMINATION EXISTED FOR THOUSAND YEARS BUT NOW THAT IS REDUCING BY GENERAL AWARENESS AMONG THE PEOPLE OF THIS COUNTRY.

    • BALAKISTAIAH said, on May 7, 2015 at 3:35 pm

      BALAKISTAIAH; RESERVATION IN PROMOTION IS ESSENTIAL/ AND NEED BASED AS THE DECONTAMINATION IS TAKING PLACE IN ALL CADRES, PERFORMANCE OF SC/ST EMPLOYEES IS DEMORALIZED AND ADVERSELY EFFECTING. HENCE TO OVERCOME THESE HARDSHIPS IT IS VERY MUCH ESSENTIAL FOR THIS CONSTITUTIONAL AMENDMENT (117)

  40. NSRAJ said, on May 7, 2015 at 3:58 pm

    RESERVATION IN PROMOTION IS MUST BECAUSE WHEN A PERSON MOVES ONE STEP THEN HE IS STOPPED OR RESTRICTED ON SECOND STEP , THE BASIC NEED OF PROGRESS AND DEVELOPMENT IS STOPPED AFTER ONE STEP. NO PROMOTION MEANS STAGNATION LEADING TO NO PROGRESS AND DEVELOPMENT AS COMPARED TO OTHERS

  41. N S RAJ said, on November 6, 2015 at 4:00 pm

    YES, IT IS OBSERVED THAT IN MATRIMONIALS MAJORITY PREFERS HIGHER CASTE. EVEN THOSE WHO CONVERTED RELIGION OR CASTE SHOW THE PREFERENCE FOR HIGHER CASTE. IT SEEMS THAT EVERYBODY WANTS RESPECT IN SOCIETY BY SHOWING HIGHER CASTE PREFERENCE.
    BUT NOBODY KNOWS—
    OONCHAY KUL KA ZANMIYA, KARNI OONCH NA HOY.
    SWARN KALASH SURA BHARA, PIYO NA AMRIT HOY..

  42. murali said, on December 7, 2015 at 8:22 am

    My colleague who is my junior got promotion six years before me and he is my boss because of reservation in promotion. Is this justice? Reservation in promotion creates only inequality

    • realitycheck said, on December 13, 2015 at 3:00 am

      Yes. A ginormous issue no one talks about.

    • N S RAJ said, on December 13, 2015 at 1:11 pm

      My colleagues who are my juniors got promotion sixteen years before me and they are not superior to me in any qualification and abilities .Some of them were known to vip s. This was because of casteism favouritism and politics in promotion. Is this justice? Reservation in promotion is must to create equality .
      If there is no reservation and promotion this country will come to stagnation in social and economic development because most of them come through hard work tolerance and struggle for existence.

  43. santhosh kumar k said, on September 2, 2016 at 2:22 pm

    Five thousand years of backwardness and social injustice ,discrimination cannot be removed from the society by giving only just sixty years of reservation.All the deprived should get privileges of reservation untill the social,political,status of the society is completely eradicated.Reservation is not like something like a piece of bread, it is the birth right of every deprived

  44. Krishnareddy H.M said, on June 25, 2017 at 4:46 am

    Giving every appurtunity to sc st, s in bringing them to the main stream is welcome, but putting them over the experienced person is not only humiliation but also spoil the quality of administration, in turn abstructs the development of the country.If you want to help, you can but not at the cost of others which is injustice in terms of the equality.So once they joined to the mainstream, what is the need of lifting such persons and putting over the senior person which leads creation of bad atmosphere in the society and the other people starts looking at them with hatredness which inturn affects them only.In the overall interest of the development of the country, we have to make the people to work hard instead of making them to lean towards easyway of getting the needs.

    • NEPAL SINGH RAJ said, on June 25, 2017 at 8:43 am

      Reply for line 2;
      Reservation is not to humiliate other experienced person to spoil administration and obstruct development of country.its misinterpretation.
      Reply for line 4,5,6;
      Reservation does not advise bad atmosphere and hatredness in society. it does not prevent any person to work hard and find better position.
      OVERALL ITS MISINERPRETATION

  45. Udayveer Singh said, on July 27, 2017 at 12:06 pm

    Introspection should be done first as to the efficacy and efficiency of reservations in rooting out caste evils.
    Empowering lower castes , making basic amenities like education , healthcare more accessible and creating social awareness should be the way forward in my opinion.
    Also , reservation in its present form needs reforms .

    • Nepal singh raj said, on July 27, 2017 at 3:13 pm

      RESERVATION IN RECRUITMENTS ADMISSION PROMOTION ARE MUST FOR SOCIAL DEVELOPMENT OF COMMUNITY WHICH HAS BEEN DISCRIMINATED FOR CENTURIES JUST BECAUSE OF POVERTY AND CASTEISM. IF SOME ILLITERATE PERSONS OPPOSE RESERVATION THEN THEY SHOULD HAVE APROPRIATE REASONS TO GET SEPARATE RESERVATION AND GOVT MUST NOTIFY THOSE COMMUNITY WILLING TO GET RESERVATION.


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