Explain in detail the constitutional amendments to Article 16 with special reference to the case of Indra Sawhney .v. Union of India.
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When our own constitution was adopted, the constitutional framer made a special clause to provide all Indian people equal opportunity for public service. The same has been inserted in the Indian Constitution, Article 16. However, a special provision has been made in the same way in view of the backward classes, in paragraph 4, i.e. in paragraph 16(4). This section authorizes the State to compensate for those backward classes who are not sufficiently represented in the "service under the State" in their view.
Explanation:
- In 1992, a "bench of 9 judges" of the Supreme Court ruled on the "Indra Sawhney: case. This case is famous for having decisively established a number of landmark proposals like a "50% reservation threshold", a "bar against reservations" in some types of posts and a 'cream layer' exclusion.
- The "decision" in this case "clearly provided" a "viable & reasonable" solution to the problem of the reservation. Yet the politicians continue to try, with the aim of making political profit, to weaken the impact of this case 's decision. Three constitutional modifications were subsequently made.
The modifications that were made were ("The "Constitution" 77th Amendment")
- ("The "Constitution" 77th Amendment in "1995"). In accordance with "Article 16 & i.e. Article 16(4-A)", a new clause has been inserted. This allows the State to take reservation provision with respect to promotion for any class/classes/posts within the State service in favour of SC/ST.
- ("The "Constitution" 77th Amendment in "2000")Further, by way of this ammendemnet and ( a new clause (4 – B)), it was established that a reservation may, in the case of backlog vacancies "that could not be filled" in "previous years" because of the unavailability of eligible candidates, the reservation can exceed 50 percent for SC , ST & BC Reservation.
- ("The "Constitution" 77th Amendment in "2001") Further, in accordance with this amendment replaced the word 'in promotion" to all classes' with the word 'in "promotion" to any class with "consequential seniority"'
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