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INDIAN POLITY > 14.Article 16 > Flashcards

14.Article 16 Flashcards

1
Q

What are the areas to which Equal Employment Opportunity principles apply?

A

Access to Jobs, Conditions of Employment, Relationships in the workplace, The evaluation of performance, and The opportunity for training and career development.

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2
Q

What can the government do under Article 16?

A

Provide reservations in government jobs.

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3
Q

Since when has the government been giving reservations in promotions of government jobs?

A

Since the 1960s.

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4
Q

When was the Kalelkar Commission set up?

A

In 1953.

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5
Q

Who did the Mandal Commission identify as backward classes?

A

It classified 1,257 communities as backward.

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6
Q

What did the Mandal Commission recommend regarding quotas?

A

Increasing the existing quotas from 22.5% to 49.5% to include the OBCs.

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7
Q

How many seats in union civil posts and services did the Central government reserve for OBCs?

A

7: 27%.

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8
Q

In which articles of the Constitution is the term ‘Backward Classes’ referred to?

A

Articles 15(4), 16(4), and 340(1).

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9
Q

What did the Supreme Court direct the central government to do regarding the OBCs?

A

Exclude the creamy layer (advanced sections) among the OBCs.

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10
Q

What did the 102nd Constitution Amendment Act (2018) provide?

A

Constitutional status to the National Commission for Backward Classes (NCBC).

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11
Q

How many castes did the Mandal Commission identify as Socially and Educationally Backward Classes?

A

The Mandal Commission identified 3743 castes as Socially and Educationally Backward Classes.

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12
Q

What percentage of reservation was recommended by the Mandal Commission?

A

The Mandal Commission recommended 27% reservation.

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13
Q

When was the OBC reservation implemented by the Narasimha Rao government?

A

The OBC reservation was implemented in 1991.

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14
Q

What were the grounds on which the OBC reservation was challenged in court?

A

The grounds for the challenge were:
*Caste cannot be the sole basis of the reservation.
*Reservation cannot exceed the 50% limit.
*Reservation cannot be based on economic criteria.
*Is Article 16(1) an exception to Article 16(4).

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15
Q

What concept was introduced to exclude the creamy layer of OBCs?

A

The concept of the creamy layer was introduced.

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16
Q

What was the limit set by the Court for reservation?

A

The Court capped the reservation limit at 50%.

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17
Q

Was the reservation for EWS (Economically Weaker Sections) held valid or invalid?

A

The reservation for EWS was held invalid.

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18
Q

Do promotions require reservations according to the Court’s decision?

A

No, reservations do not need to be given in promotions.

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19
Q

What rule applies in case of unfilled vacancies?

A

The ‘carry forward rule’ applies in case of unfilled vacancies.

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20
Q

What does the Carry Forward Rule refer to?

A

The Carry Forward Rule means that unfilled vacancies for a specific caste/tribe are added in the next notification.

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21
Q

How is the creamy layer defined according to the R N Prasad Committee?

A

The creamy layer is defined in two ways:

*The first way includes government position holders or government servants, such as Constitutional Post holders, parents in Group A service, parents together in Group B service, and Armed Forces positions of Major and above.
*The second way includes private individuals with business income greater than 8 lakhs, excluding income from agriculture. The average of the last 3 years is taken for the calculation of yearly income.

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22
Q

What amendment was brought by the Parliament after the judgment?

A

The Parliament brought the 77th Amendment in 1995.

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23
Q

What did the 77th Amendment insert into the Constitution?

A

The 77th Amendment inserted Article 16 (4A) into the Constitution.

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24
Q

What does Article 16 (4A) allow for?

A

Article 16 (4A) allows for the provision of reservation in promotions by the government for any class or classes.

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25
Q

Can the State make provisions for reservation in promotions according to Article 16 (4A)?

A

Yes, the State can make provisions for reservation in matters of promotion, with Consequential Seniority, to any class or classes of posts in the services under the State.

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26
Q

Which groups are mentioned in Article 16 (4A) for reservation in promotions?

A

The Scheduled Castes and the Scheduled Tribes are mentioned in Article 16 (4A) for reservation in promotions.

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27
Q

In which case did the Court hold that Article 16(1) confers equality to citizens in terms of promotions?

A

The Rangachari Case (1962).

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28
Q

What power do states have regarding reservations in promotions according to the C.A. Rajendran Case?

A

States have the power to provide reservations in promotions under Article 16(4).

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29
Q

What did the Court in the Indra Sawhney case disagree with regarding reservations in promotions?

A

The Court disagreed with the view that reservations in promotions are contemplated under Article 16(4).

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30
Q

What did the Court clarify about the powers of the state in the matter of promotion for reserved categories?

A

The Court clarified that it was within the powers of the state to extend concessions and relaxations to members of reserved categories in the matter of promotion without compromising the efficiency of the administration.

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31
Q

Which Amendment added Article 16(4A) to the Constitution?

A

The Constitution 77th Amendment Act, 1995 added Article 16(4A) to the Constitution.

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32
Q

What is meant by ‘Consequential Seniority’?

A

‘Consequential Seniority’ means that a candidate who is promoted due to reservations will maintain their seniority over candidates from the general category who are promoted later.

33
Q

In the given example, who holds Level 3 of a government post in the General Category?

A

A, belonging to the General Category, currently holds Level 3 of a government post.

34
Q

Who is junior to A in Level 3?

A

B, appointed under the Scheduled Caste quota, is junior to A in Level 3.

35
Q

Why does B have to be promoted to Level 4 before A?

A

Due to reservations in promotions, B has to be promoted to Level 4 before A because there are no Scheduled Caste candidates at a seniority similar to that of A.

36
Q

What happens to the seniority of A and B when A is promoted to Level 4?

A

A will not regain seniority over B when she is promoted to Level 4. B will now be considered senior to A within Level 4.

37
Q

What is the Catch-up Rule introduced in the case of Ajit Singh vs State of Punjab?

A

The Catch-up Rule is a concept introduced in the case of Ajit Singh vs State of Punjab.

38
Q

What situation arose after the Constitution recognized reservation in promotion?

A

Reserved category candidates who were promoted over general class counterparts became their seniors due to earlier promotion.

39
Q

How was the anomaly addressed in the cases of Virpal Singh (1995) and Ajit Singh (1996)?

A

The concept of the Catch-up Rule was introduced to address the anomaly.

40
Q

According to the Catch-up Rule, what happens to the seniority of senior general candidates who were promoted after SC/ST candidates?

A

According to the Catch-up Rule, senior general candidates who were promoted after SC/ST candidates regain their seniority over general candidates promoted earlier.

41
Q

Which case involved the challenge to the 81st, 82nd, and 85th Amendments before the Supreme Court?

A

M. Nagraj vs Union of India (2007).

42
Q

What did the five-judge Bench uphold in the M. Nagraj case?

A

The five-judge Bench upheld the Constitutional validity of Reservation in Promotion to SCs/STs, as well as the Consequential Seniority Rule under Article 16(4A), the Carry Forward Rule under Article 16(4B), and the provisions to Article 335.

43
Q

Are Article 16 (4A) and (4B) automatic rights to reservation in promotion for SC/STs?

A

No, according to the court, Article 16 (4A) and (4B) are enabling provisions, and there is no automatic right to reservation in promotion for SC/STs. Reservation is also not considered a Fundamental right.

44
Q

What did the court emphasize regarding promotions under reservation?

A

The court held that the government needs to ensure that only deserving candidates are promoted under reservation.

45
Q

What are the three compelling requirements that the State needs to meet for reservation in promotion to be valid according to the court?

A

The State needs to:

*Demonstrate the backwardness of the SC/ST.
*Prove that the SC/ST is inadequately represented in relevant public employment.
*Maintain the overall efficiency of administration.

46
Q

What did various High Courts and the Supreme Court do following the Nagaraj case?

A

Following the Nagaraj case, various High Courts and the Supreme Court struck down Statutes and Rules extending reservation in promotion policies.

47
Q

Why did the courts strike down these reservation policies?

A

The courts ruled that the State had failed to furnish enough data to meet the controlling conditions set by the Nagaraj case.

48
Q

What were the specific criticisms made by the courts regarding the State’s reservation policies?

A

The courts criticized the State for failing to demonstrate backwardness and/or insufficient representation in their reservation policies.

49
Q

In which case did a five-judge Bench of the Supreme Court uphold the validity of the Nagaraj case?

A

Jarnail Singh v. Lachhmi Narain Gupta (2018).

50
Q

Did the Jarnail Singh case require reconsideration of reservations in promotions for SC/ST persons by a larger Bench?

A

No, the Jarnail Singh case stated that the judgment in Nagaraj case did not require reconsideration by a larger seven-judge Bench.

51
Q

What criterion was struck down by the Bench in the Jarnail Singh case?

A

The Bench struck down the criterion of demonstrating further backwardness from the Nagaraj case.

52
Q

What principle was introduced by the Bench in the Jarnail Singh case?

A

The principle of creamy layer exclusion was introduced by the Bench.

53
Q

According to the Jarnail Singh case, can the State grant reservations in promotions to SC/ST individuals belonging to the creamy layer?

A

No, the Jarnail Singh case held that the State cannot grant reservations in promotions to SC/ST individuals who belong to the creamy layer of their community.

54
Q

Which Act granting a quota in promotions for State government employees from the Scheduled Caste and Scheduled Tribe communities was upheld by the Supreme Court?

A

The Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (To the Posts in the Civil Services of the State) Act.

55
Q

In the B K Pavitra case, what did the Supreme Court uphold?

A

In the B K Pavitra case, the Supreme Court upheld a reservation in promotion policy.

56
Q

Why did the Supreme Court uphold the 2018 Karnataka Reservation Act in the B K Pavitra case?

A

The Supreme Court upheld the 2018 Karnataka Reservation Act because the State had furnished sufficient data to demonstrate both the inadequate representation of SC/STs and the lack of adverse impact on efficiency.

57
Q

What did the 2018 Act introduced in the B K Pavitra case regarding consequential seniority for SC/STs?

A

The 2018 Act introduced consequential seniority for SC/STs in State Government Services.

58
Q

How did the Supreme Court redefine administrative efficiency in the B K Pavitra case?

A

In the B K Pavitra case, the Supreme Court introduced a new inclusive definition of administrative efficiency under Article 335 of the Constitution, which balances merit with ensuring adequate representation.

59
Q

What was the purpose of the 81st Amendment?

A

The purpose of the 81st Amendment was to facilitate reservation in promotion for SC/STs.

60
Q

What provision was introduced through the 81st Amendment?

A

The 81st Amendment introduced Article 16(4B), which allowed reservation in promotion to exceed the 50% ceiling set on regular reservations.

61
Q

What is the Carry Forward Rule?

A

The Carry Forward Rule, introduced through the 81st Amendment, allows the State to carry forward unfilled vacancies from previous years for the purpose of reservation in promotion.

62
Q

When was the 81st Amendment enacted?

A

The 81st Amendment was enacted in 2000.

63
Q

What is the significance of Article 16(4B)?

A

Article 16(4B) enables reservation in promotion to SC/STs beyond the 50% limit and provides legal basis for the Carry Forward Rule.

64
Q

What is the purpose of the Constitution (103rd Amendment) Act, 2019?

A

The purpose of the Constitution (103rd Amendment) Act, 2019 is to introduce reservation on the basis of economic criteria for the economically weaker sections (EWS) of society.

65
Q

Which articles of the Constitution were amended by the Constitution (103rd Amendment) Act, 2019?

A

The Constitution (103rd Amendment) Act, 2019 amended Articles 15 and 16 of the Constitution.

66
Q

What is the significance of Article 15(6) and Article 16(6) introduced by the amendment?

A

Article 15(6) and Article 16(6) allow reservation for the economically backward in the unreserved category, providing them with opportunities for employment and education.

67
Q

Who is eligible for reservation under the EWS category?

A

People who have an annual income of less than Rs. 8 lakhs, people who own less than five acres of farmland, or people who have a house less than 1,000 sq feet in a town or 100 sq yards in a notified municipal area are eligible for reservation under the EWS category.

68
Q

Do all states automatically adopt the EWS reservation policy?

A

No, since the Constitution (103rd Amendment) Act, 2019 is a Central law on subjects in the Concurrent list, the State governments need to ratify it before adopting it locally.

69
Q

Why is the introduction of the EWS quota significant?

A

The introduction of the EWS quota is significant because it aims to address the exclusion of economically weaker sections from higher educational institutions and public employment due to financial constraints.

70
Q

What is the purpose of the 10% quota for EWS?

A

The 10% quota for EWS is aimed at addressing issues of educational and income inequality in India by providing opportunities to economically disadvantaged individuals.

71
Q

Why is it important for the reservation criteria to be economic?

A

It is important for the reservation criteria to be economic because poverty and deprivation can affect individuals from various social backgrounds, not just backward classes. Economic criteria ensure that those living in poverty have access to opportunities.

72
Q

How does the EWS quota provide Constitutional recognition to the poor from upper castes?

A

The EWS quota, introduced through a Constitutional Amendment, extends reservation benefits to economically disadvantaged individuals from upper castes who were previously not covered by reservations based on caste.

73
Q

What are the potential benefits for job aspirants from the general category with the implementation of the EWS quota?

A

Once the EWS quota comes into effect, job aspirants from the general category would receive similar relaxations and opportunities as those provided to Other Backward Classes (OBCs).

74
Q

How can the EWS quota contribute to reducing the stigma associated with reservation?

A

The EWS quota can gradually remove the stigma associated with reservation because it shifts the focus from caste-based reservations to economic criteria, ensuring that individuals from various backgrounds have equal opportunities based on their economic status.

75
Q

What were the key recommendations of the R Sinho Commission on Economically Backward Classes (EBCs)?

A

The key recommendations of the R Sinho Commission were:

*Reservations in government jobs and education should be given to economically backward individuals from the general category, requiring a Constitutional Amendment.
*Non-income tax payee general category people should be considered economically backward and treated on par with Other Backward Classes (OBCs).
*EBC children should be eligible for soft loans for higher education, scholarships, coaching for civil services examinations, subsidized health facilities, and government support in the housing sector.
*The establishment of a National Commission to provide financial assistance to EBCs was suggested.

76
Q

According to the R Sinho Commission, who should be eligible for reservations in government jobs and education?

A

The R Sinho Commission recommended that economically backward individuals from the general category should be eligible for reservations in government jobs and education.

77
Q

How did the R Sinho Commission define the economic backwardness of the general category?

A

The R Sinho Commission highlighted that non-income tax payee general category individuals were economically backward and should be considered on par with Other Backward Classes (OBCs) in terms of eligibility for reservations and benefits.

78
Q

What kind of support did the R Sinho Commission propose for EBC children?

A

The R Sinho Commission proposed various forms of support for EBC children, including eligibility for soft loans for higher education, scholarships, coaching for civil services examinations, subsidized health facilities, and government support in the housing sector.

79
Q

What institutional recommendation was made by the R Sinho Commission?

A

The R Sinho Commission suggested the establishment of a National Commission that would provide financial assistance to EBCs.

INDIAN POLITY (40 decks)

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