· The government told the Supreme Court that the creamy layer concept cannot be applied to the Scheduled Caste/Scheduled Tribe communities, who have suffered for centuries.
· Arguing before a five-judge Constitution Bench led by Chief Justice of India Dipak Misra, Attorney-General K.K. Venugopal argued that SCs/STs are a homogenous group and any action to regroup them based on economic or social advancement would not be appropriate.
· Mr. Venugopal said rigorous modalities were prescribed for inclusion of communities in the list of SCs/STs.
· The government wants a larger Bench of the Supreme Court to set aside its 2006 judgment in the Nagaraj case.
· This verdict mandates that the government cannot introduce quota in promotion for SC/ST persons in public employment unless they prove that
1. the particular Dalit community is backward,
2. is inadequately represented and
3. such a reservation in promotion would not affect the overall efficiency of public administration.
· The opinion of the government should be based on quantifiable data.
· According to Mr. Venogopal, Nagaraj verdict destroyed the very essence of Article 16 (4A) by imposing on the State the need to bring to the table quantifiable data and it did not define what ‘quantifiable data’ the State was required to show to prove that an SC/ST community was not adequately represented in government services and required quota in promotion under Article 16 (4A).
· He argued that the Constitution itself creates a presumption in favour of Scheduled Castes and Scheduled Tribes that they are backward classes of citizens.
· He submitted that there is an intense investigation before the notification under Articles 341 and 342 is issued.
· He submitted that the government wanted a total of 22.5% (15% for SC+7% for ST) posts reserved for promotion for SC/ST in public employment.
SOURCE : THE HINDU