NEW DELHI, Dec 17:
The Constitution amendment bill providing for quota in promotions for SCs and STs in Government jobs was today passed by Rajya Sabha with an overwhelming support in which the Samajwadi Party was isolated.
The Constitution (117th Amendment) bill got the backing of 206 members while 10 voted against the legislation in a House of 245. A total of 216 members were present.
While UPA ally Samajwadi Party strongly opposed the bill, another outside ally of the Government pushed for it, compelling the Government to toe its stand. Nine SP members voted against the bill along with an Independent Md Adeeb.
All four members of Shiv Sena, which was also opposed to the Bill, were not present in the House.
A last-minute attempt by SP to defer consideration of the bill by sending it to the Parliamentary Standing for indepth consideration was rejected.
Contending that his party is not against quota, Ram Gopal Yadav (SP) said as far as reservation in jobs at the entry level is concerned, it is justifiable but after that people should be treated equally.
The party asked the Government to rethink on the measure, warning that it can have very serious fall-out and may be challenged in court.
To garner maximum support, Government incorporated some crucial elements like 22 per cent cap on promotions for which consideration of Annual Confidential Report (ACR) will be crucial.
Reeling out figures, Narayanasamy pointed out that discrimination against the SCs/STs/OBCs continue and they are inadequately represented in the top bureaucracy.
He said quota in promotion existed since 1995 but the decision in Indira Sawhney case put spokes in it.
Arguing that all parties including Samajwadi Party are convinced about social justice, Narayanasamy asked the UPA ally as to why they are opposing reservation in promotion when they accept reservation at the entry level.
Noting that the Supreme Court has asked for quantifiable data on it, he said, “From our side we are convinced that they are backward per se. Government is committed to provide reservation in promotion. This is commitment of our Government and the party. We are for SCs/STs and OBCs.”
Leader of the Opposition Arun Jaitley sought an assurance from the Government that the amendments will not affect people who have already been promoted since 1995 to which the Minister said the Government will write to State Governments in this regard so that people who have been promoted are “not adversely affected”.
The Bill provides for amendments to Article 16(4) of the Constitution that will allow States to reserve seats in promotion for SCs and STs without collecting data to show the backwardness of class and inadequacy of that class in public appointments.
Earlier, when the Bill was taken up for consideration last Thursday, high drama was witnessed in the House with SP members creating uproar forcing the Chair to ask two of them to leave.
The bill, which provides for reservation proportionate to population of SCs and STs, was approved by the Union Cabinet on September 5 against the backdrop of Supreme Court quashing such a decision of the Uttar Pradesh Government earlier this year.
Replying to the two-day debate, Minister of State for Personnel V Narayanasamy said the bill seeks to correct the “inadequacy” in representation of SCs/STs in higher positions in Government jobs. (PTI)
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