PROPOSED AMENDMENT

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

STATEMENT OF OBJECTS AND REASONS

Since 1955, the Scheduled Castes and the Scheduled Tribes have been enjoying the reservation
facility for promotion. In its judgement of 16 November 1992 in the case of Indra Sawhney and
Others v. Union of India and Others, the Supreme Court observed, however, that the reservation
of appointments or posts pursuant to Article 16(4) of the Constitution was limited to the initial
appointment and that there was no reservation in respect of promotion. This decision of the
Supreme Court would very badly impact the rights of the Scheduled Castes and the Scheduled
Tribes. Since the representation of the Scheduled Castes and the Scheduled Tribes in services in
the States have not reached the desired and required level, it is necessary to continue the existing
scheme of giving reservation in promotion in the case of the Scheduled Castes and the Scheduled
Tribes. In view of the Government's determination to protect the rights of the Scheduled Castes
and the Scheduled Tribes, it has agreed to proceed with the current reservation policy for the
promotion of the Scheduled Castes and the Scheduled Tribes. In order to do so, Article 16 of the
Constitution must be amended by adding a new clause (4A) in that article to provide for a
reservation for the promotion of scheduled castes and scheduled tribes.1

2. The Bill intends to attain the aforementioned objectives.

1
https://samistilegal.in/article-16-of-indian-constitution/
NEW DELHI; KESRI SITARAM.

May 31st, 1995.

ACT, 1995 CONSTITUTION (SEVENTY-SEVENTH AMENDMENT)

[June 17th, 1995.]]

An Act to amend the Constitution of India further.

In the Forty-Sixth Year of the Republic of India, it was passed by Parliament as follows:

1. Short title.-The Constitution (Seventy-seventh Amendment ) Act, 1995, can be called this Act.

2. Amendment of Article 16.-According to Article 16 of the Constitution, the following clause is

added after clause (4), as:-

"(4A) 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.".

Clause (4A) should be removed of Article 16 clause (4) as the presented through
arguments. This amendment is in favour of removal of Article 16 clause (4-A) i.e
“reservation in promotion” from the constitution of India.