Therefore, I request your good self to delve into this issue and take corrective steps and enact a Constitutional Amendment by Amending Art 16 and inserting provisions similar to Article 16(4A) and (4B) and enable reservations with consequential seniority for the Other Backward class communities in promotional posts. Otherwise attaining complete social justice would remain a distant dream. Thanking you, P.WILSON MEMBER OF PARLIAMENT (RAJYA SABHA)

Date: 29.10.2022

To,

Thiru Kiren Rijiju Avargal

Hon’ble Union Minister of Law and Justice,

Government of India,

4^th Floor, ‘A’ Wing Shastri Bhawan,

Rajendra Prasad Road, New Delhi-110004

 

Dear Thiru Kiren Rijiju Avargal,

 

Vanakkam!

 

Sub: Amendment of Constitution to enable Reservations in Promotion posts with consequential seniority for Other Backward Class Communities

 

********

 

I trust this letter finds you in good health.

 

1. I am writing to you to bring to your kind attention the fact that the OBC community even being constitutionally recognized to be backward, is still not being included in the promotional posts. Due to such non-inclusion, the OBCs are vastly unrepresented at the higher posts of the administration as they were never considered for promotions at all. Even the States which are interested in granting reservations in promotional posts for OBC are fearing that there is no constitutional backing and therefore are not coming forward to provide the reservations.

 

2. For the candidates belonging to the Scheduled Castes and Scheduled Tribes, the Constitution under Article 16(4A) and 16(4B) empowers the State to make special provisions for reservations in the matters of promotion, with consequential seniority to any class or classes of posts if the State comes to an opinion that they are not adequately represented. But, for OBCs, such a provision does not exist.

 

3. Due to such absence of a Constitutional mandate, the real oppressed and downtrodden are not brought into the mainstream till today. Mere entry into service is not sufficient. Only when these communities are considered in the promotional posts, the real substantive equality is achieved. It’s a fact that the historical injustice is still meted out by other backward communities and their due share in jobs in the higher post are denied and they’re not adequately represented till today. The reason for States not granting reservations in promotional posts is due to the fact that similar constitutional enabling provisions as found in Art 16(4)(A) or Art 16(4) (B) available for Schedule castes and Schedule Tribes are not available for OBC communities.

 

 

4. At this juncture, I wish to propose that if Art 16 of the Constitution of India is amended to include an enabling provision similar to the Article 16(4A) and 16(4B and grant reservations in promotional posts with consequential seniority, these hurdles could be easily overcome. Having reservations in promotions for the OBC candidates would result in true social justice as it would ensure adequate representation of the OBCs in higher offices of the administration.

 

5. A truly representative administration could be achieved only when there is an immediate introspection and correctional steps are undertaken.

 

6. Therefore, I request your good self to delve into this issue and take corrective steps and enact a Constitutional Amendment by Amending Art 16 and inserting provisions similar to Article 16(4A) and (4B) and enable reservations with consequential seniority for the Other Backward class communities in promotional posts. Otherwise attaining complete social justice would remain a distant dream.

 

Thanking you,

 

 

 

 

P.WILSON

MEMBER OF PARLIAMENT (RAJYA SABHA)