AMENDMENTS IN ARTICLE 16 CHANGED RESERVATION SYSTEM: A STEP BY STEP STUDY (UPTO DATE TILL 2020) скачать в хорошем качестве

AMENDMENTS IN ARTICLE 16 CHANGED RESERVATION SYSTEM: A STEP BY STEP STUDY (UPTO DATE TILL 2020)

Discussion on the exceptions to treat unequal unequally i.e. Clause 3 to 6. Clause 4A, 4B & 6 are added through amendments of Constiution at different point of time. •Why the makers of the Constitution or Parliament started with "Nothing in this article" in clause 3,4, 4A,4B,5 & 6 of Art. 16? What is the significance of this phrase? Answer: The expression carves out an exception and preserves a power free from the other provisions. The power provided through these clauses is of special mandate. The Clause (3) of Article 16 enables Parliament for making any law prescribing any requirement as to residence within that State or Union territory prior to such employment or appointment made in State or UT or local authority. Article 16(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. The power under clause 4 is without any limitation. Earlier court considered Article 335 and read with clause 4. Article 335 enjoins with maintaining of efficiency in administration. 16 (4A)reads: Nothing in this article shall prevent the State from making Provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favor 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. Via 85th Constitutional Amendment, 2001, this addition of "Consequential Seniority was inserted in clause 4A. This is opposite to "Catch-up Rule" The scope of Article 16 (4) was considered for the first time by the Supreme Court in Devadasan v. Union of India, AIR 1964 S.C. 179. • The Supreme Court struck down the “carry forward rule” as unconstitutional as it was found unreasonable. • Via 81st Amendment, 2000, Parliament inserted clause (4B) to Article 16 to overcome the ceiling of 50% of the total vacancies of that year. • 16(4B): This enables the State to consider any unfilled vacancies of reserved category of a succeeding year as a separate class of vacancies in the year when filled up. • Hope you remember the case of M R Balaji v Mysore which I dealt in detail in Part-2 of Article 15. Please refresh your memory by watching again that Video. • Article 16(5): This clause allows the operation of any law which providing that the an office of any religious or denominational institution or any member of the governing body shall be a person of that religion or belonging to a particular denomination. •The government notification of 1992 brought by Narshimha Rao Government for providing 10% reservation to weaker economic sections of society was struck down in Indra Sawhney v. UOI • So Via 103rd Amendment, 2019, Article 16 (6) is added to provide reservations to people from economically weaker sections in government posts.