Under which Clause of Article 16, inserted by the Constitutional (77th

Under which Clause of Article 16, inserted by the Constitutional (77th Amendment) Act, 1995, stating that “Nothing in this Article shall prevent the State from making any provisions for the reservation in matter of promotion [with consequential seniority] to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes, which, in the opinion of the State, is not adequately represented in the services under the State” ?

Article 16(1)

Article 16(2)

Article 16(3)

Article 16(4-A)

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UPSC Combined Section Officer – 2021-22

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Article 16(4A) was inserted into the Constitution by the Constitutional (77th Amendment) Act, 1995. This clause states that “Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.” The phrase “[with consequential seniority]” was added to Article 16(4A) later by the Constitutional (85th Amendment) Act, 2001, with retrospective effect from June 17, 1995. However, the insertion of the clause itself (16(4A)) allowing for promotion reservation was done by the 77th Amendment. The question asks for the Clause inserted by the 77th Amendment, which is 16(4A).

Article 16(4A), enabling reservation in promotion for SC/ST, was inserted by the 77th Constitutional Amendment Act, 1995.

Prior to the 77th Amendment, the Supreme Court, in the Indra Sawhney case (1992), had held that reservation under Article 16(4) is only for initial appointments and not for promotions. The 77th Amendment was enacted to constitutionally permit reservation in promotions for SCs and STs. The issue of consequential seniority arising from such promotions was addressed by the 85th Amendment, modifying the language of Article 16(4A).

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