JARNAIL SINGH & OTHERS versus LACHHMI NARAIN GUPTA & OTHERS

JARNAIL SINGH & OTHERS versus LACHHMI NARAIN GUPTA & OTHERS

The requirement in M. Nagaraj case that States must collect quantifiable data showing backwardness of Scheduled Castes and Scheduled Tribes for reservation in promotion is invalid as it is contrary to the ruling in Indra Sawhney (1). The creamy layer principle applies to SCs and STs and does not alter the Presidential List. Adequacy of representation for reservation in promotion is a matter for States, not rigid proportionality to population. There is no need to refer M. Nagaraj to a larger bench.

Parties
Petitioner: Jarnail Singh & Others; Respondent: Lachhmi Narain Gupta & Others
Jurisdiction
India
Judgment Date
26 September 2018
Procedural Posture
Special Leave Petition (civil) / Constitution Bench Decision
Outcome
Referred issue answered; requirement for collection of data on backwardness of SCs/STs for reservation in promotion declared invalid to that extent; M.Nagaraj does not require reference to seven-Judge Bench.
Legal Topics
Reservation in Promotion, Creamy Layer, Scheduled Castes and Scheduled Tribes, Interpretation of Constitution, Basic Structure Doctrine
Constitutional Law Reservation in Promotion Creamy Layer Scheduled Castes and Scheduled Tribes Interpretation of Constitution Basic Structure Doctrine

Case Brief

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Parties

Jarnail Singh & Others

Petitioner

Lachhmi Narain Gupta & Others

Respondent

Procedural Posture

Special Leave Petition (civil) / Constitution Bench Decision

Legal Issues

  1. 1 Whether the State must collect quantifiable data showing backwardness of Scheduled Castes and Scheduled Tribes for reservation in promotion?
  2. 2 Whether the creamy layer principle applies to Scheduled Castes and Scheduled Tribes in reservation for promotion?
  3. 3 Does the judgment in M. Nagaraj require reconsideration by a larger bench?

Ratio Decidendi

The requirement in M. Nagaraj case that States must collect quantifiable data showing backwardness of Scheduled Castes and Scheduled Tribes for reservation in promotion is invalid as it is contrary to the ruling in Indra Sawhney (1). The creamy layer principle applies to SCs and STs and does not alter the Presidential List. Adequacy of representation for reservation in promotion is a matter for States, not rigid proportionality to population. There is no need to refer M. Nagaraj to a larger bench.

Court Disposition

Referred issue answered; requirement for collection of data on backwardness of SCs/STs for reservation in promotion declared invalid to that extent; M.Nagaraj does not require reference to seven-Judge Bench.

Orders

  • State does not have to collect quantifiable data showing backwardness of Scheduled Castes and Scheduled Tribes for reservation in promotion.
  • Creamy layer principle applies to SCs and STs.