Reservation in Promotion – Explained with Law & Judgments

A debate where equality, social justice, and efficiency intersect.

What is Reservation in Promotion?

Reservation in promotion means giving Scheduled Castes (SCs) and Scheduled Tribes (STs) a chance to be promoted in government jobs, not just recruited. This is meant to overcome historic discrimination and ensure representation at senior levels.

What Does the Constitution Say?

Article 16(4) – Allows reservation in public jobs for socially and educationally backward classes.

Article 16(4A) – Specifically allows reservation in promotions for SC/STs where they are not adequately represented.

77th Amendment (1995) – Introduced Article 16(4A).

85th Amendment (2001) – Allowed consequential seniority for promoted SC/ST employees.

Note: These provisions are enabling, not mandatory. It’s up to the State to implement them with proper justification.

What Did the Supreme Court Say?

Let’s decode key rulings that shaped this law:

1. Indra Sawhney v. Union of India (1992)

SC/ST: Reservation in promotion allowed

OBCs: Not allowed promotion reservation

Introduced 50% reservation ceiling & ruled promotion quotas must not compromise merit.

2. M. Nagaraj v. Union of India (2006)

Landmark case that imposed constitutional safeguards:

To give promotion reservation, the government must prove:

1. Backwardness of the class .

2. Inadequate representation.

3. No compromise on administrative efficiency.

4. Required quantifiable data to justify reservations.

3. Jarnail Singh v. Lachhmi Narain Gupta (2018)

Modified Nagaraj: SC said “backwardness” of SC/STs need not be proven again.

Still, quantifiable data is a must for inadequate representation.

No automatic reservation in promotions.

4. B.K. Pavitra (II) (2019)

Upheld Karnataka law granting consequential seniority

Said: Law can protect promotions, if based on valid data

Key Principle:

“Reservation in promotion is not a fundamental right — it is an enabling provision. States must apply it carefully with constitutional balance.”

— Supreme Court

VIDHIGYATA Insight: Nyaya Sangharsh

“Representation is not just about entry — it’s about rising within.”

The law gives power to ensure SC/ST representation, but fair data, transparency, and balance are essential to uphold equality for all.

Common Questions

Q. Do OBCs get promotion reservation?

A. No. SC has clearly disallowed it since Indra Sawhney (1992).

Q. Can a court cancel promotion quotas?

A. Yes, if there's no proper data or misuse of Article 16(4A).

Q. Can seniority be maintained post-reservation promotion?

A. Yes, if State provides for consequential seniority through law.

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