Dr. Mohammad Moin Uddin *
M. Jashim Ali Chowdhury **
Published in: Chittagong University Journal of Law, Volume XXI (2016) at pp 1-22
Fulltext pdf available at: https://www.researchgate.net/publication/336812885_Quota_reservations_in_Civil_Service_Arguments_for_a_Class_Based_Preference_System_2016_21_Chittagong_University_Journal_of_Law_1-22
Abstract
Quota reservation policy of the Civil Service recruitment system of Bangladesh has come under sharp public criticism in recent days. Though it is projected as serving an important policy objective of equitable representation in the civil service for peoples of all strata of life, popular perception about this is largely sckeptive. The instant paper is the result of an original study into the Government Service recruitment process of Bangladesh with a special focus on its implications on the people’s constitutional right to equality. While the “reasonable classification” doctrine of our native jurisprudence appears modestly helpful in advancing a constitutional justification for the “quota system”, we look towards the race-based “affirmative action” jurisprudence of the United States. However, judged in an “affirmative action” standard, the Bangladeshi method of absolute “quota” reservations, unfortunately, takes the face of an “invidious classification” sharply disapproved by the U.S. Supreme Court. The paper, therefore, draws from the “class-based and temporal” preference system advocated by U.S. President Bill Clinton. Seen from academic parlance, the “Clinton Principles” seem helpful in addressing the constitutional and legal controversies circling around the Quota Reservation policy of Bangladesh. The paper ends up showing why and how the Public Service Commission (PSC) and the Government of Bangladesh should count on the Clintonian Class-Based Preference System in devising our civil service recruitment policies.
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