M Nagaraj V/s Union of India Case (2006)
Recently the Supreme Court has asked to compile various issues raised by the states in relation to the implementation of the decision given in M Nagaraj V/s Union of India Case (2006).
M Nagaraj Case:
On June 17, 1995, the Seventy-seventh Amendment was passed by Parliament under its legislative competence. Through this amendment, a provision in Article 16 of the Constitution (4A) was enacted to provide for reservation in promotion to the Scheduled Castes / Scheduled Tribes.
Basis of reservation in constitution:
Article 335 of the constitution recognizes that special measures can be taken to bring Scheduled Castes and Scheduled Tribes to the same level.
Indira Sahini V/s Union of India and M Nagraj case:
- In 1992, the Supreme Court stated in the case Indira Sahini V/s Union of India that reservation under Article 16 (4) can only be given at the time of entering into a government job and not in promotion.
- Promotions have already taken place, they will remain as they are and will be valid for five years after this judgment and it has been given that it is mandatory to keep the creamy layer out of these promotions.
- But the Parliament added clause (4A) through 77th amendment to Article 16 in June 17, 1995 to nullify the decision of the Supreme Court which gave reservation to Scheduled Castes and Scheduled Tribes in promotion.
Source – The Hindu
