Delhi APO 2005

Which of the following Constitutional Amendments were made to nullify the decision of the Supreme Court in the Mandal Case?

  1. The Constitution (Seventy-fifth Amendment) Act
  2. The Constitution (Seventy-seventh Amendment) Act
  3. The Constitution (Eightieth Amendment) Act
  4. is not admissible. Select the correct answer using the code given below:
Verified Answer
A. (A) 1, 3 and 4
B. (B) 2 and 3
C. (C) 2 and 4
D. (D) 1 and 4

Explanation:

The Mandal Case (Indra Sawhney & Ors. v. Union of India, 1992) upheld OBC reservations but imposed a 50% ceiling and excluded the creamy layer. The Constitution (Seventy-seventh Amendment) Act, 1995 (2), inserted Article 16(4A) to enable reservations in promotion for SCs and STs, directly nullifying part of the Mandal judgment. Option 4 'is not admissible' is not a constitutional amendment and appears to be a typo or placeholder. Assuming it's a typo for another relevant amendment (like the 81st Amendment, which allowed carrying forward unfilled reserved vacancies), then (C) would be the intended answer. Given the options, and 2 being definitively correct, (C) is the most plausible choice despite the flaw in option 4.