Union minister and BJP ally Ram Vilas Paswan, who has emerged as the government’s key spokesperson on Dalit issues, told reporters that the government will move the apex court for the repeal of its directions which, he added, have halted the reservation for these communities in promotion.
File photo of Food and Consumer Affairs Minister and LJP leader Ram Vilas Paswan. (PTI)
A bench headed by Chief Justice Dipak Misra had earlier said that a five-judge Constitution bench would examine the need to relook at its 2006 verdict in the M Nagraj case.
The verdict had said that the creamy layer exclusion principle, applicable in grant of quota to Other Backward Classes (OBCs), cannot be applied to Scheduled Castes and Scheduled Tribes for promotions in government jobs.
“It will take some time to constitute a bench,” the bench had said when lawyers Naresh Kaushik and Suyash Mohan Guru mentioned the matter and sought early setting up of the larger bench to deal with the issue.
The apex court had earlier tagged several petitions on the issue of grant of quota to SC/ST employees in promotions including the one filed by the Madhya Pradesh government against the high court decision declaring the MP Public Service (MPSC) Promotion Rules, 2002 as ultra virus to the Constitution.
A two-judge bench of the apex court had referred a batch of petitions to the CJI for consideration of the issue by a larger bench.
The M Nagaraj verdict had in 21006 ruled out the application of creamy layer exclusion principle for SC-ST employees.
The bench, while referring the matters to the CJI, had also referred to earlier verdicts of 1992 Indra Sawhney and others versus Union of India (popularly called Mandal Commission verdict) and 2005 E V Chinnaiah versus State of Andhra Pradesh which had dealt with creamy layer exclusion principle for OBCs.
The apex court had then said that clarity was required on the application of creamy layer principle in a situation of competing claims within the same races, communities, groups or parts of SC/ST communities notified by the President under Articles 341 and 342 of the Constitution.