Promotions, Creamy Layer, and the Reservation Debate

22 Pages Posted: 1 Mar 2021

See all articles by Anurag Bhaskar

Anurag Bhaskar

Jindal Global Law School

Surendra Kumar

Jindal Global Law School, O.P. Jindal Global University

Date Written: December 25, 2020

Abstract

The 77th Constitutional amendment was passed to undo the effect of the judgment of a nine-judge Bench of the Supreme Court in Indra Sawhney v. Union of India (1992), wherein it was held that the reservation in promotions is not permissible. However, the subsequent court decisions have diluted the amendment’s effect and have also introduced other restrictions on reservations. This article highlights the flaws, irregularities, constitutional misinterpretation, and inconsistencies in these judgments.

Keywords: Reservation, Creamy layer, Efficiency backwardness, Supreme Court

Suggested Citation

Bhaskar, Anurag and Kumar, Surendra, Promotions, Creamy Layer, and the Reservation Debate (December 25, 2020). Available at SSRN: https://ssrn.com/abstract=3755254 or http://dx.doi.org/10.2139/ssrn.3755254

Anurag Bhaskar

Jindal Global Law School ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
Near Jagdishpur Village
Sonipat, Haryana 131001
India

Surendra Kumar (Contact Author)

Jindal Global Law School, O.P. Jindal Global University ( email )

Sonipat Narela Road, Near Jagdishpur Village
Delhi NCR
Sonipat, DE Delhi NCR 131001
India

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