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A Five Judge Constitution Bench of the Supreme Court has held that the 2006 Judgment in Nagraj Case, relating to reservations for SC/ST in promotions, need not be referred for consideration of larger Bench.
The judgment by Justice Nariman clarified that there is no requirement to collect quantifiable data of backwardness of SC/STs to provide reservation in promotions. The dictum in Nagraj was held contrary to Indira Sawhney decision to the extent it prescribed collection of quantifiable data of backwardness as a prerequisite for providing reservation in promotions.
The Attorney General has sought for M. Nagaraj to be reconsidered by a larger bench in view of the seven and nine judge bench decisions in N. M. Thomas (1976) And Indira Sawhney (1992) respectively where it has been held that there is a presumption of backwardness in respect of the SC/ST and that the ‘creamy layer’ concept does not apply to them, attorney general objected to the requirement of proving backwardness especially for the SC and ST.
During the hearing, the Bench had inquired if the progressive members of the SC/ST could be regarded as backward so as to deserve the reservation not only at the stage of recruitment but even in promotions.
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