New Delhi, Aug 25: The Attorney General is learnt to have cautioned the government on reservation in promotion for SCs and STs saying that any law on the issue should be framed cautiously so that it can face legal challenge in courts.
The country's top law officer's opinion to the Ministry of Personnel comes days after the government assured political parties that it favours Constitutional amendment to provide for reservation in promotion for SCs and STs after legally examining all aspects.
AG G E Vahanvati is understood to have said the proposed measure should be strong enough as people are likely to challenge the provision in courts citing violation of rights.
The Supreme Court on April 28 had struck down the decision of the then Mayawati government in Uttar Pradesh to provide reservation for SC/STs in promotion to higher posts.
Minister of State in PMO V Narayanasamy had said “after hearing the views of all political parties (in the all party meeting), the Prime Minister concluded that government and Congress are in favour of reservation in promotions of SCs/STs... The same provision by some states has been struck down by courts... Such an amendment has to be legally sustainable.”
He said “government will bring such an amendment which is legally sustainable. Amendments will come within a short time. We are working on it.”
Narayanasamy had announced in the Rajya Sabha on August 9 that the government will bring an amendment Bill in this regard on August 22 but the decision was deferred.
BSP chief Mayawati, whose government's decision was struck down by the Supreme Court and has since been pushing for legislative action, said she has asked the Prime Minister to bring the Bill during the ongoing Monsoon session of Parliament itself.