Carry-forward rule
Also called: Article 16(4B), Backlog vacancies · Topic: Safeguards for Vulnerable Sections: SCs, STs, OBCs, Minorities, Women and Children · NCERT: Beyond NCERT
Meaning
The carry-forward rule lets reserved vacancies that were not filled be carried over to later years. In T. Devadasan (1963), the Supreme Court struck down a rule that took reservation to about 65% in one year. The 81st Amendment (2000) then added Article 16(4B). It treats these backlog vacancies as a separate class, outside that year's 50% ceiling.
Example
If a ministry has 30 unfilled SC/ST posts from past years, it can fill them now as backlog. Under Article 16(4B), they do not count towards the 50% limit for the current year.
Don't confuse with
- Catch-up rule: a court-made rule on seniority after promotion (Virpal Singh Chauhan, 1995). It has nothing to do with unfilled vacancies.
Related concepts
- M.R. Balaji case
- 81st Constitutional Amendment Act 2000
- Indra Sawhney case
- Fifty per cent ceiling on reservations
- Tamil Nadu's 69% reservation
- Maratha reservation case
- 103rd Constitutional Amendment Act 2019
- Economically Weaker Sections reservation
- Janhit Abhiyan case