Constitution of India Current Affairs
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The Constitution Day of India (or Samvidhan Diwas) is observed every year on 26th November to mark the anniversary of adoption of Constitution and also spread awareness of Indian Constitution. On this day in 1949, constitution of India was adopted and came into force on January 26, 1950. Union Ministry of Social Justice and Empowerment (MSJE) is nodal Ministry for the celebration of Constitution Day. This year it was third edition of the Constitution Day (69th anniversary of adoption of Constitution) after it was instituted in October 2015 as part of year-long nationwide celebrations of 125th birth Anniversary of Dr. B R Ambedkar, Chairman of the Drafting Committee of Constituent Assembly.
Some facts about Indian Constitution
Indian Constitution is supreme law of India, which lays down framework that defines political principles, establishes structure, procedures, powers and duties of Government institution. It is core legal document which has nearly 448 articles or provisions in 25 parts, 12 schedules. It is living fundamental document which makes the government system work effectively. It lists out fundamental rights of citizens, duties, role of the government, powers of prime minister, president, governor and chief minister, interaction between the government and its citizens and defines how the federal structure of the country will be maintained. It also defines the powers of the legislature, the executive and the judiciary. The key feature of the Constitution is separation of powers while keeping a check on each arm of the government. Indian Constitution is the longest written constitution of any sovereign country in the world. It signifies the sovereignty of the people. Its drafters had borrowed concepts and ideas from the Constitutions of UK, US, Germany, Ireland, Australia, Canada and Japan. Dr BR Ambedkar is regarded as the father of the Indian Constitution.
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The Supreme Court has allowed Centre to go ahead with reservation in promotion for SC/ST employees as per the law. From the centre’s behalf, the Additional Solicitor General Maninder Singh had pleased SC to allow promotions, which were on standstill, as per mandate of the constitution. This plea was accepted by SC bench hearing the case.
With respect to the reservation in promotions in government jobs, the Supreme Court verdict in M Nagaraj Case (2006) that concept of creamy layer is not applicable to scheduled castes and scheduled tribes. Two earlier cases viz. Indra Sawhney Case (1992) and E V Chinnaiah versus State of Andhra Pradesh (2005) had dealt with the issue of creamy layer for Other Backward Classes. On this basis, the centre had issued an order in 2017 extending reservation in promotions to SC and ST employees beyond five years from November 16,1992. This government order was challenged in Delhi High Court. The Delhi High Court quashed the Central Government order and thus, the promotions came to at standstill.
Central Government later approached Supreme Court for relief and the current SC order provides that much needed relief to Centre.
The case is still sub judice in Supreme Court. A constitutional bench will examine the issue as to whether the M Nagaraj judgement, which dealt with the issue of application of the ‘creamy layer’ for reservation to SC and ST categories in promotion in government jobs, should be re-examined or not.
Reservation in Promotions
Reservations in promotions are mandated by Article 16 (4A) of the constitution. This article is an enabling provision and enables the state to provide for reservation in matters of promotion to SC/ST which in its opinion were not adequately represented in the services.