Reservation In Promotions: Analysing The Impact Of Article 16 On Equality In Employment Within Government Services
- IJLLR Journal
- Dec 26, 2024
- 1 min read
Ishanvi Biswal, KIIT School of Law, Bhubaneswar
ABSTRACT
This paper examines the effects of reservation in promotions according to Article 16(4A) of the Indian Constitution on equality within government employment. It aims to address the historical disadvantages experienced by Scheduled Castes (SCs) and Scheduled Tribes (STs). Reservation in promotions aims to improve representation in higher levels of public service. While promoting social justice and inclusion, these policies are scrutinised for their impact on meritocracy and administrative effectiveness. Through important cases such as Indra Sawhney, M. Nagaraj, and Jarnail Singh, this research evaluates how judicial interpretations reconcile affirmative action with merit-based standards, guaranteeing that reservations enhance genuinely disadvantaged individuals without undermining the quality of governance. This paper also investigates the positive and negative impacts of such policies, emphasising how they create equitable opportunities but may unintentionally pose challenges to merit-based advancement. The study concludes with suggestions for enhancing policy execution, proposing actions such as creamy layer exclusion, regular reviews, skill development initiatives, and data-knowledgeable decision-making. Finally, it emphasizes needing a balanced approach to align social justice with the administrative effectiveness required for efficient public service.
Keywords: meritocracy, article 16, government service, equality, employment, efficiency
