New Delhi: The Supreme Court on Wednesday indicated that it might constitute a 7-judge Constitution bench on August 3 to consider whether Nagaraj judgement by a 5-judge bench putting spokes in grant of reservation in promotion-required reconsideration.
The Centre through Attorney General K.K. Venugopal told a Bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud that lakhs of promotions across various departments in governments have been held up because of conditions put by Nagaraj judgement.
The AG requested the Chief Justice to expeditiously set up 7-judge bench to reconsider Nagaraj judgment. When he pleaded for some interim order, the CJI refused to pass any interim order contrary to the scheme put in place by Nagaraj judgment. This means till a 7-judge bench clarifies the position; it will be difficult for the governments to allow quota in promotions.
In 2006, a five-judge Constitution Bench in the case of Nagaraj vs Union of India has concluded the issue by holding that the state is not bound to make reservation for SC/ST in matter of promotions.
