77th Constitutional Amendment Act 1995

Polity & Governance glossary

Topic: Safeguards for Vulnerable Sections: SCs, STs, OBCs, Minorities, Women and Children · NCERT: Class 11, Ch 9 "Constitution as a Living Document"

Meaning

The 77th Constitutional Amendment Act 1995 inserted Article 16(4A). It allows the state to reserve posts in promotions for SCs and STs. It was passed because Indra Sawhney (1992) had barred reservation in promotions. Article 16(4A) is an enabling power, so the state may use it but does not have to.

Example

After the amendment, courts made the catch-up rule. Under it, a general-category employee promoted later gets back seniority over an SC/ST employee promoted earlier. The 85th Amendment (2001, effective 17 June 1995) overrode this rule with consequential seniority: SC/ST employees keep the seniority they gain through reserved promotions. M. Nagaraj (2006) upheld both amendments but asked for quantifiable data.

Don't confuse with

  • 85th Amendment (2001): it did not create promotion quotas. It only added consequential seniority to Article 16(4A).

Related concepts

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