jurisprudence on reservation .......................................................... 32
a. Reservation as an exposition of substantive equality ............................. 32
I. The competing visions of equality ........................................................ 32
II. The “efficiency” of reservation ... service to
limit the scope of reservation:
a. Whether reservation is limited to initial appointment;
b. If reservation is extendable to promotions, the method
that there is excessive representation or even
that, by providing reservation in promotion, efficiency in
administration would be adversely affected; the grounds of
challenge ... outer limit of reservation i.e. 50% will not be
violated by applying the policy of reservation and that the efficiency of
administration will
reservation in initial recruitment. The framers of
the Constitution did nor intend to provided for reservation
in promotion. Since Article 335 speaks of efficiency ... issue and facts and proof thereof, the inference that
reservation in promotion deteriorates the efficiency or
administration remains only a conjecture or an opinion based
supra) stage, fresh exercise of collecting
quantifiable data justifying reservation in terms of parameters
of efficiency, backwardness and inadequacy of representation
in particular class ... reasons,
namely, backwardness, inadequacy of
representation and overall administrative
efficiency before making provision for
reservation. As stated above, the impugned
provision is an enabling provision
warranting
reservation even in the matter of promotion it would be contrary
to the mandate of Article 335 viz., maintenance of efficiency in
administration ... necessary. The concept of efficiency as
stipulated under Article 335 of the Constitution is in no way affected if
the reservation does not exceed
would be unwise and impermissible to make any
reservation at the cost of efficiency of administration.
That undoubtedly is the effect of Art. 335. Reservation ... theoretically and conceivably mean
some impairment of efficiency; but the risk involved in
sacrificing efficiency of administration must always be
borne in mind when
that grant of
consequential seniority to candidates promoted by way of reservation
affected efficiency of administration and was violative of Articles ... absence of a rule of reservation for promotion such
reservation was permissible merely because the banks were following
reservation policy of the Government of India
would be unwise
and impermissible to make any reservation at
the cost of efficiency of administration.
That undoubtedly is the effect of Art. 335.
Reservation ... would be unwise.
and impermissible to make any reservation at
the cost of efficiency of administration;
that, it was stated, was undoubtedly the
effect
State
Civil Services and the impact of reservation on overall administrative efficiency in
the State of Karnataka. The tasks entrusted to the Committee were ... report on
backwardness, inadequacy of representation and the impact of reservation on
efficiency. The report was submitted on 5 May 2017. On 26 July
when the third variable comes in, namely, efficiency in service. In the issue of reservation, we are being asked to find a stable equilibrium between ... identify and measure backwardness, inadequacy and overall administrative efficiency then in that event the provision for reservation would be invalid............The impugned constitutional amendments
