On 28 June 2021, the Supreme Court held that persons with disabilities have a right to reservation in promotion under Article 16(4) of the Constitution of India, 1950, in the case of: 

The correct answer is State of Kerala v. Leesamma Joseph.Key Points

• The Supreme Court of India in its judgment on 28 June 2021 in the case of "State of Kerala vs Leesamma Joseph" affirmed that persons with disabilities have a right to reservation in promotion under Article 16(4) of the Constitution of India, 1950.
• While examining the constitutionality of Section 33 of the Rights of Persons with Disabilities Act, 2016, the Court noted that 'equality of opportunity' in matters of public employment includes provision of certain reservations in favour of persons with disabilities.
• Furthermore, it held that Article 16(4) of the Constitution, empowering the State to make provisions for reservation in matters of promotion in favour of any backward class of citizens, also includes persons with disabilities within its scope, regardless of the nature of their establishments, whether they belong to the public sector or the private sector.

The case of "Indra Sawhney v. Union of India" is popularly known as the "Mandal Commission case." It is a landmark judgment by the Supreme Court of India that dealt with the implementation of reservations for Other Backward Classes (OBCs) in public employment. The Mandal Commission, officially known as the Second Backward Classes Commission, had recommended a reservation of 27% for OBCs in government jobs. The case involved a constitutional challenge to the implementation of these reservations.

Additional Information

• Rights of Persons with Disabilities Act, 2016 (RPDA):
  • This is the principal legislation that protects the rights of individuals with disabilities in India.
  • It replaces and strengthens the Persons with Disabilities Act, 1995.
  • The RPDA complies with the United Nations Convention on the Rights of Persons with Disabilities, to which India is a signatory.
  • The Act expands the list of recognized disabilities from 7 to 21, and mandates the central and state governments to take measures to ensure that persons with disabilities fully enjoy all human rights and fundamental freedoms.
• Section 33 of the RPDA states that the appropriate Governments shall appoint in every Government establishment, not less than four percent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one percent each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one percent for persons with benchmark disabilities under clauses (d) and (e), namely:—
  • a. blindness and low vision;
  • b. deaf and hard of hearing;
  • c. locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;
  • d. autism, intellectual disability, specific learning disability and mental illness;
  • e. multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness.
• Article 16 of the Constitution of India generally provides for equality of opportunity in matters of public employment. However, clause 16(4) empowers the State to make provisions for reservation in appointments or posts in favor of any backward class of citizens if it believes they are not adequately represented in the services under the State.
• In the case "State of Kerala v. Leesamma Joseph" passed on 28 June 2021, the Supreme Court of India held that persons with disabilities have a right to reservation in promotions under Article 16(4) of the Constitution. This was a significant judgment reinforcing the principle of equal opportunities for persons with disabilities in public employment.