Lok Sabha Question No. 6335 (UNSTARRED), answered on 2017-04-12
Subject: Reservation Provisions
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: BHAGIRATH PRASAD

GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL AND TRAINING)

## LOK  SABHA

## UNSTARRED QUESTION NO. 6335

(TO BE ANSWERED ON 12.04.2017)

## RESERVATION PROVISIONS

6335. DR. BHAGIRATH PRASAD: Will the PRIME MINISTER be pleased to state: (a) whether the Indian Constitution provides for reservation in favour of the Scheduled Castes  (SCs),  Scheduled  Tribes  (STs)  and  the  Other  Backward  Classes  (OBCs) citizens  and  if  so,  the  details  of  the  percentage  of  appointments  in  the  Government services; (b) the  status  of  compliance  of  reservation  to  SCs,  STs  and  OBCs  in  the  All  India Services; (c) the  penal  provisions  against  the  appointing  authorities  for  non-compliance  in  this regard and the details of officers punished in this regard so far; and (d) whether the Government of India proposes to enact the Reservation Act to regulate and  ensure  such  appointments  as  provided  in  the  constitution  and  punish  erring authorities in this regard and if so, the details thereof?

## ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister's Office. (DR. JITENDRA SINGH) (a):    Article  16(4)  of  the  Indian  Constitution  empowers  the  State  to  make  provision  of reservation for appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

As per extant instructions, reservation is provided at the rate of 15%  for Scheduled Castes,  7.5%  for  Scheduled  Tribes  and  27%  for  Other  Backward  Classes  in  the  matter  of appointment  by  direct  recruitment  to  civil  posts  and  civil  services  (under  the  Central Government) on all India basis by open competition. Further, reservation is provided at the rate  of  16.66%  for  Scheduled  Castes,  7.5%  for  Scheduled  Tribes  and  25.84%  for  Other Backward Classes in the matter of appointment by direct recruitment to civil posts and civil services (under the Central Government) on all India basis other  than by open competition.

- (b): The  appointments  in  All  India  Services  are  made  through  the  Civil  Services Examination by following the applicable norms of reservation.
- (c): According to existing instructions, any deliberate non-compliance of extant reservation policy by a Government employee makes him liable for disciplinary action. No centralized data is maintained on the officers punished in this regard.
- (d): At present, there is no proposal under the consideration of the Government to enact a Reservation Act.

The policy of reservation in services under the Government of India is administered through executive instructions - called Office Memoranda (OMs) issued by the Department of Personnel and Training from time to time. The OMs have laid down the policy frame-work in terms of which reservations in all public service appointments have been made all these years. The Hon'ble Supreme Court in the case of Indra Sawhney V/s Union of India has held that these instructions have the force of law.

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