Quick Answer: Is Reservation Allowed In Promotion?

What is 104th amendment?

The One Hundred and Fourth Amendment of the Constitution of India, officially known as the Constitution (One Hundred and Fourth Amendment) Act, 2019, extends the deadline for the cessation for the reservation of seats for members from Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative ….

Is reservation applicable in promotion?

In case of promotions made by selection, reservation is available to them when promotions are made in Group B, C, D posts and from Group B to the lowest rung in Group ‘A’ posts.

Does reservation end in 2020?

The Ninety-fifth Amendment of the Constitution of India, officially known as The Constitution (Ninety-fifth Amendment) Act, 2009, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for …

What is zone of consideration for promotion?

The zone for consideration could be extended to 5 times the number of vacancies for SC/ST candidates in respect of promotions from Group B to the lowest rung of Group A, in case required number of SC/ST officers against the vacancies reserved for them were not available in the panel from within the normal zone.

What is difference between horizontal and vertical reservation?

The reservation in favour of scheduled castes, scheduled tribes and other backward classes [under Article 16(4)] may be called vertical reservations whereas reservations in favour of physically handicapped [under clause (1) of Article 16] can be referred to as horizontal reservations.

Why is reservation needed?

Enshrined in Articles 15 and 16 of the Indian Constitution, it allows the Indian government to set quotas to ensure any “socially and educationally backward classes of citizens” is properly represented in public life. It is intended to realize the promise of equality enshrined in the Constitution of India.

How long is a reservation in India?

Reservation for members of Scheduled Castes (SCs) and Scheduled Tribes (STs), given for the past 70 years in Lok Sabha and state assemblies, is due to end on January 25, 2020.

Is reservation in promotion a fundamental right?

The Supreme Court has ruled that reservation in promotion is not a fundamental right and the states cannot be compelled to make laws in this regard for Scheduled Castes (SC) and Scheduled Tribes (ST). … The order further adds that the state is not bound to make a reservation for SCs and STs in matters of promotions.

Is there reservation in promotion in IAS?

The Supreme Court ruled that no individual including the Scheduled Caste and Scheduled Tribes could claim reservation in promotions.

How is reservation calculated?

The percentage of reservation is: 15% (SC), 7.5% (ST), 27% (OBC) and 10% for economically weaker sections or “EWS”. These figures are divided by 100, and then multiples are worked out until one of these categories gets a complete number, upon which it obtains a reserved seat.

What is the reservation for OBC?

2.2 There shall be a reservation of 16.66 per cent for the members of the Scheduled Castes, 7.5 per cent for the members of the Scheduled Tribes and 25.84 per cent for the members of the Other Backward Classes in the matter of appointment by direct recruitment to civil posts and civil services on all India basis …

Should reservation be based on caste?

Caste based reservations are discriminatory towards poor of OCs. … There is no rule that if a person got job due to reservation, his/her child should not utilise reservation. Due to this, people who are already enjoying the benefits of reservation, using reservation again and again though they do not need it at all.