Parliament Parliament of India
Constitution amendment allows SC/ST promotion reservation without backwardness proof
This Bill amends Article 16 of the Constitution to allow the State to provide reservation in promotions for Scheduled Castes and Scheduled Tribes without needing to prove backwardness or inadequate representation in each case.
It aims to restore certainty to promotion reservations that were struck down by courts following the M. Nagaraj judgment.
Who it concerns: The State government, Scheduled Castes, and Scheduled Tribes employees in state services.
What the bill does
- Substitutes clause (4A) of Article 16 in the Constitution.
- Deems Scheduled Castes and Scheduled Tribes to be backward for the purpose of promotion reservations.
- Allows the State to make provisions for reservation in promotions with consequential seniority for Scheduled Castes and Scheduled Tribes.
- Removes the requirement for the State to show 'compelling reasons' such as backwardness or inadequacy of representation for each case.
- The amendment is deemed to have come into force on June 17, 1995.
Also in the document
- It is a Constitutional Amendment Bill.
- It has retrospective effect, dating back to June 17, 1995.
- It responds to Supreme Court judgments (M. Nagaraj) and High Court decisions that had struck down promotion reservation laws in states like Rajasthan and Uttar Pradesh.
Where this bill is now: Lapsed
How this was written
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The original document
Parliament of India — Bills (Lok Sabha & Rajya Sabha)
Bill / law · Ref. XLVIII · 5 Sep 2012
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