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Assertion (A): The Union Public Service Commission must be consulted on the reservation of posts for Backward classes, Scheduled Castes and Scheduled Tribes.
Reason (R): The functions of the Union Public Service Commission are only advisory and the Government need not act upon its advice in any case.
  • a)
    Both A and R are true and R is the correct explanation of A.
  • b)
    Both A and R are true and R is not correct explanation of A.
  • c)
    A is true but R is false.
  • d)
    A is false but R is true.
Correct answer is option 'D'. Can you explain this answer?
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Assertion (A): The Union Public Service Commission must be consulted o...
Assertion and Reasoning: The assertion states that the Union Public Service Commission must be consulted on the reservation of posts for Backward classes, Scheduled Castes, and Scheduled Tribes. The reasoning states that the functions of the Union Public Service Commission are only advisory, and the government need not act upon its advice in any case.

Explanation:

The assertion is partially correct as the Constitution of India provides for the reservation of posts for Backward classes, Scheduled Castes, and Scheduled Tribes. However, the Constitution does not mandate that the Union Public Service Commission must be consulted on the matter of reservation. The Commission is responsible for conducting examinations for appointments to the services of the Union and recommending suitable candidates for such appointments.

The reasoning is correct as the functions of the Union Public Service Commission are advisory in nature. The Commission provides advice to the government on matters related to recruitment, promotion, and disciplinary matters of civil servants. However, the government is not bound to act upon the advice of the Commission. The government may accept or reject the advice of the Commission based on its own discretion.

Therefore, the correct answer is option D, i.e., A is false, but R is true.
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It is quite understandable that a recentSupreme Court judgment, that there is no fundamental right to claim reservation in promotions, has caused some political alarm. The received wisdom in affirmative action jurisprudence is that a series of Constitution amendments and judgments have created a sound legal framework for reservation in public employment, subject to the fulfilment of certain constitutional requirements. And that it has solidified into an entitlement for the backward classes, including the SCs and STs. However, the latest judgment is a reminder that affirmative action programmes allowed in the Constitution flow from “enabling provisions” and are not rights as such. This legal position is not new. Major judgments — these include those by Constitution Benches — note that Article 16(4), on reservation in posts, is enabling in nature. In other words, the state is not bound to provide reservations, but if it does so, it must be in favour of sections that are backward and inadequately represented in the services based on quantifiable data. Thus, the Court is not wrong in setting aside an Uttarakhand High Court order directing data collection on the adequacy or inadequacy of representation of SC/ST candidates in the State’s services. Its reasoning is that once there is a decision not to extend reservation — in this case, in promotions — to the section, the question whether its representation in the services is inadequate is irrelevant.The root of the current issue lies in the then Congress government’s decision to give up SC/ST quotas in promotions in Uttarakhand. The present BJP regime also shares responsibility as it argued in the Court that there is neither a basic right to reservations nor a duty by the State government to provide it. The idea thatreservationis not a right may be in consonance with the Constitution allowing it as an option, but a larger question looms: Is there no government obligation to continue with affirmative action if the social situation that keeps some sections backward and at the receiving end of discrimination persists? Reservation is no more seen by the Supreme Court as an exception to the equality rule; rather, it is a facet of equality. The terms “proportionate equality” and “substantive equality” have been used to show that the equality norm acquires completion only when the marginalised are given a legal leg-up. Some may even read into this an inescapable state obligation to extend reservation to those who need it, lest its absence render the entire system unequal. For instance, if no quotas are implemented and no study on backwardness and extent of representation is done, it may result in a perceptible imbalance in social representation in public services. Will the courts still say a direction cannot be given to gather data and provide quotas to those with inadequate representation?Q.Suppose Article 16(5) of the Constitution reads- 16. Equality of opportunity in matters of public employment (5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution shall be a person professing a particular religion or belonging to a particular denomination.Further suppose that The Government passes a law saying that the Chairmanship of the National Commission of Religious Minorities shall be limited to people from these communities.Is this law violative of Article 16?

Passage - 4A Supreme Court bench of justices L Nageswara Rao and Hemant Gupta ruled that states are not bound to make reservations, nor is reservation in promotions a [1]. The top court said that it cannot order state governments to provide reservations."In view of the law laid down by this court, there is no doubt that the state government is not bound to make reservations. There is no [1 ] which inheres in an individual to claim reservation in promotions. No [2] can be issued by the court directing the state government to provide reservations," the bench said in its order.The state governments can grant reservation to scheduled castes and scheduled tribes at their own discretion, but will have to collect quantifiable data which shows their inadequate representation in public services. The Supreme Court has said that states can grant reservation to certain classes, but "there must be some material on the basis of which the opinion is formed". The Supreme Court decision came against pleas regarding [3] governments September 5, 2012 decision to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes. The governments decision was challenged in the [3] High Court, which struck it down. The Supreme Court referred to Article [4] and its clauses 4 and 4A while delivering its judgement in the matter. Article [4] in the Constitution of India refers to equality of opportunity in government jobs.Q.Which of the following article of the Indian Constitution recognises that special measures need to be adopted for considering the claims of SCs and STs in order to bring them to a level-playing field?

Passage - 4A Supreme Court bench of justices L Nageswara Rao and Hemant Gupta ruled that states are not bound to make reservations, nor is reservation in promotions a [1]. The top court said that it cannot order state governments to provide reservations."In view of the law laid down by this court, there is no doubt that the state government is not bound to make reservations. There is no [1 ] which inheres in an individual to claim reservation in promotions. No [2] can be issued by the court directing the state government to provide reservations," the bench said in its order.The state governments can grant reservation to scheduled castes and scheduled tribes at their own discretion, but will have to collect quantifiable data which shows their inadequate representation in public services. The Supreme Court has said that states can grant reservation to certain classes, but "there must be some material on the basis of which the opinion is formed". The Supreme Court decision came against pleas regarding [3] governments September 5, 2012 decision to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes. The governments decision was challenged in the [3] High Court, which struck it down. The Supreme Court referred to Article [4] and its clauses 4 and 4A while delivering its judgement in the matter. Article [4] in the Constitution of India refers to equality of opportunity in government jobs.Q.The Supreme Court decision came against pleas regarding [3] governments decision to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes. Which of the following state governments has been redacted with [3] in the passage above?

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Assertion (A): The Union Public Service Commission must be consulted on the reservation of posts for Backward classes, Scheduled Castes and Scheduled Tribes.Reason (R): The functions of the Union Public Service Commission are only advisory and the Government need not act upon its advice in any case.a)Both A and R are true and R is the correct explanation of A.b)Both A and R are true and R is not correct explanation of A.c)A is true but R is false.d)A is false but R is true.Correct answer is option 'D'. Can you explain this answer?
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Assertion (A): The Union Public Service Commission must be consulted on the reservation of posts for Backward classes, Scheduled Castes and Scheduled Tribes.Reason (R): The functions of the Union Public Service Commission are only advisory and the Government need not act upon its advice in any case.a)Both A and R are true and R is the correct explanation of A.b)Both A and R are true and R is not correct explanation of A.c)A is true but R is false.d)A is false but R is true.Correct answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Assertion (A): The Union Public Service Commission must be consulted on the reservation of posts for Backward classes, Scheduled Castes and Scheduled Tribes.Reason (R): The functions of the Union Public Service Commission are only advisory and the Government need not act upon its advice in any case.a)Both A and R are true and R is the correct explanation of A.b)Both A and R are true and R is not correct explanation of A.c)A is true but R is false.d)A is false but R is true.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Assertion (A): The Union Public Service Commission must be consulted on the reservation of posts for Backward classes, Scheduled Castes and Scheduled Tribes.Reason (R): The functions of the Union Public Service Commission are only advisory and the Government need not act upon its advice in any case.a)Both A and R are true and R is the correct explanation of A.b)Both A and R are true and R is not correct explanation of A.c)A is true but R is false.d)A is false but R is true.Correct answer is option 'D'. Can you explain this answer?.
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