State Government can give reservations to SC/SC communities in promotions, M Nagraj 2006 no need to refer larger bench : Supreme Court
A Five Judge Constitution Bench of the Supreme Court has held that the 2006 Judgment in M Nagraj v. Union of India relating to reservations for SC/ST in promotions, need not be referred to 7 judges bench .
However, Justice Nariman clarified that there is no requirement to collect quantifiable data of backwardness of SC/STs to provide reservation in promotions.
The unanimous judgment was pronounced by Justice Rohinton Nariman on behalf of the Constitution Bench headed by Chief Justice of India Dipak Misra and also comprising Justices Kurian Joseph, Sanjay Kishan Kaul, and Indu Malhotra.
The Court had held that while state governments can provide reservations for the benefit of SC/ST communities when it comes to promotions, if they want to give they can, state government are not bound to provide reservations for the benefit of SC/ST communities when it comes to promotions.
In the 2006 judgment, the Supreme Court had held that it is not mandatory for the State to make reservations for SC/ST in matter of promotions. However, if the State want to to give reservations in matter of promotions, it is supposed to gather quantifiable data showing.
In Nagaraj, the Supreme Court had laid down the criteria or Policy for reservations in promotions should follow: