When Rajya Sabha met for the day, Satish Chandra Misra of the BSP stated that his party has given a notice for suspension of Question Hour to raise the issue of Supreme Court judgment overturning reservation for SCs, STs and Other Backward Classes in promotion. He requested Chairman Hamid Ansari to allow his party leader Mayawati to raise the issue, to which he agreed.
Mayawati said the Supreme Court in Indra Sawhney case had declared as ultra vires reservation in promotion. However, in order to continue reservation in promotions, the Constitution was amended to enable states to continue reservation in promotion.
First in case of Rajasthan, and on April 27 in case of Uttar Pradesh, the Supreme Court has held that reservation in promotion is unconstitutional, she said.
The Supreme Court had last week quashed Uttar Pradesh government's decision to provide reservation benefits for SCs, STs and OBCs in promotions saying the state failed to furnish sufficient valid data to justify the move to promote employees on caste basis.
The apex court said the rule was contrary to the various judgments by the Constitution benches in the M Nagara, Indra Sawhney and various other cases wherein it was provided that reservation in promotions can be given only if there is sufficient data and evidence to justify the need.
Mayawati said SC and ST employees will have to revert to their original posts if this ruling is not changed. "It is extremely important for the Central government to bring a Constitutional amendment during the current session of the Parliament itself" to make the Supreme Court ruling ineffective, she said.
Mayawati said the amendment should be placed under Schedule 9 of the Constitution and asked the opposition parties to support the cause. Schedule 9 protects laws that are contrary to the Constitutionally guaranteed fundamental rights.
"If the government needs our support (in passage of the Constitutional amendment), we are ready to provide that," the BSP leader said.
Mayawati also demanded a discussion on the issue.
Parliamentary Affairs Minister P K Bansal said the government was ready for a discussion on the issue if a notice for the same is given. Misra said his party will give notice and the discussion could take place on Wednesday.
