S
Sahaj Vidhi
M.P Civil Jugde Pre Exam 1998
  1. Which article of Constitution was amended to provide for reservation in promotions?
Verified Answer
  1. Core Legal Answer & Context: Article 16(4A) of the Indian Constitution was specifically amended to provide for reservation in promotions for Scheduled Castes (SCs) and Scheduled Tribes (STs). This provision allows the State to make reservations in promotion matters, including consequential seniority, for SCs and STs not adequately represented in government services. This amendment addressed judicial interpretations that had previously restricted reservations to initial appointments.
  2. Relevant Statutes and Sections:
    • Article 16(4A) of the Constitution of India: Inserted by the 77th Amendment Act, 1995, and further modified by the 85th Amendment Act, 2001.
    • Article 16(4B) of the Constitution of India: Inserted by the 81st Amendment Act, 2000, allowing for the carry-forward of unfilled reserved vacancies.
  3. Important Landmark Cases:
    • Indra Sawhney & Ors. v. Union of India (1992): Held that reservation under Article 16(4) applied only to initial appointments, not promotions, and set a 50% ceiling.
    • M. Nagaraj & Ors. v. Union of India (2006): Upheld the validity of Articles 16(4A) and 16(4B) but mandated conditions for reservation in promotions: backwardness, inadequate representation, and impact on administrative efficiency.
  4. Clear Conclusion: The 77th Constitutional Amendment Act, 1995, by inserting Article 16(4A), specifically empowered the State to provide reservation in promotions for SCs and STs, thereby addressing previous legal limitations. Subsequent amendments and judicial pronouncements have further shaped its implementation.