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.
The State government, Scheduled Castes, and Scheduled Tribes employees in state services.
- 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.
Written from the document by AI, and checked against it. The original below is authoritative.
Where this law is now — Lapsed
The original document
Document details
| Official title | THE CONSTITUTION (ONE HUNDRED SEVENTEENTH AMENDMENT) BILL, 2012 |
| Source body | Parliament of India — Bills (Lok Sabha & Rajya Sabha) |
| Reference number | XLVIII |
| Status | closed (bill) |
| Year | 2012 |
| Closing date | — |
| Documents | 2 |