AMENDMENTS SECTION OF: 1-4

 THE CONSTITUTION (SEVENTY-SEVENTH AMENDMENT) ACT, 1995.

SECTION OF: 1-4

SEVENTY-SEVENTH AMENDMENT

Statement of Objects and Reasons appended to the Constitution(Eighty-sixth Amendment) Bill, 1995 which was enacted as CONSTITUTION (Seventy-seventh Amendment) Act, 1995

STATEMENT OF OBJECTS AND REASONS

 The Scheduled Castes and the Scheduled Tribes have been enjoying thefacility of reservation in promotion since 1955. The Supreme Court inits judgment dated 16th November, 1992 in the case of Indra Sawhneyand Others vs. Union of India and Others, however, observed thatreservation of appointments or posts under article 16(4) of theConstitution is confined to initial appointment and cannot extent toreservation in the matter of promotion. This ruling of the SupremeCourt will adversely affect the interests of the Scheduled Castes andthe Scheduled Tribes. Since the representation of the ScheduledCastes and the Scheduled Tribes in services in the States have notreached the required level, it is necessary to continue the existingdispensation of providing reservation in promotion in the case of theScheduled Castes and the Scheduled Tribes. In view of the commitmentof the Government to protect the interest of the Scheduled Castes andthe Scheduled Tribes, the Government has decided to continue theexisting reservation policy in promotion for the Scheduled Castesand the Scheduled Tribes. To carry out this, it is necessary to amendarticle 16 of the Constitution by inserting a new clause (4A) in thesaid article to provide for reservation in promotion for the ScheduledCastes and the Scheduled Tribes.

 2. The Bill seeks to achieve the object described above.

NEW DELHI; SITARAM KESRI.

The 31st May, 1995.

THE CONSTITUTION (SEVENTY-SEVENTH AMENDMENT) ACT, 1995.

 [17th June, 1995.]

 An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-sixth Year of the Republic ofIndia as follows:-

1. Short title.-This Act may be called the Constitution(Seventy-seventh Amendment) Act, 1995.

2. Amendment of article 16.-In article 16 of the Constitution, afterclause (4), the following clause shall be inserted, namely:-

 "(4A) Nothing in this article shall prevent the State from making anyprovision for reservation in matters of promotion to any class orclasses of posts in the services under the State in favour of theScheduled Castes and the Scheduled Tribes which, in the opinion of theState, are not adequately represented in the services under theState".