Eleanor Finch
The Indian Constitution is the most amended national constitution in the world, with 106 amendments since its enactment in 1950. The 85th Amendment Act of 2001 aimed to increase the benefits of reservation in favour of the Scheduled Castes and Scheduled Tribes in terms of promotion with consequential seniority. The amendment altered Article 16(4A) of the Constitution, replacing the phrase in situations of promotion to any class with in matters of promotion, with consequential seniority, to any class. This change addressed an abnormality where reserved category candidates promoted above general class competitors became their seniors due to earlier promotions. The 85th Amendment Act also gave Parliament the power to make laws prescribing criteria for the appointment and employment of backward people, ultimately benefiting the poor and backward sections of society.
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What You'll Learn
- The 85th Amendment Act, 2001, expanded access to the advantage of quota in areas of promotion and seniority for Scheduled Castes and Tribes
- It gave the Parliament the power to make laws prescribing criteria for the employment of backward people
- The amendment altered Article 16(4A) of the Indian Constitution
- The 85th Amendment was upheld by the Hon'ble Supreme Court in Nagraj
- The 85th Amendment Act, 2001, came into force on June 17, 1995
The 85th Amendment Act, 2001, expanded access to the advantage of quota in areas of promotion and seniority for Scheduled Castes and Tribes
The 85th Amendment Act of 2001, also known as the Constitution (Eighty-fifth Amendment) Act, 2001, made significant changes to the Indian Constitution, specifically regarding the advantages of reservation for Scheduled Castes and Scheduled Tribes (SC/ST). The amendment's primary goal was to expand the benefits of reservation in favour of SC/ST individuals in terms of promotion and consequential seniority within government services.
Prior to the 85th Amendment, there were inconsistencies in the implementation of reservation benefits for SC/ST candidates during promotions. In some cases, reserved category candidates who were promoted ahead of general category candidates due to reservation policies would become their seniors. To address this, the 85th Amendment Act, 2001, amended Article 16(4A) of the Indian Constitution. The phrase "in situations of promotion to any class" in Article 16(4A) was replaced with "in matters of promotion, with consequential seniority, to any class". This change ensured that SC/ST candidates who were promoted under reservation policies would also be granted consequential seniority, maintaining their rank above their general category peers.
The amendment provided clarity and strengthened the position of SC/ST individuals in the government sector. It gave them the right to retain the benefits of their promoted positions and ensured they would not be superseded by general category candidates in terms of seniority. This was a significant step towards providing equal opportunities and addressing historical injustices faced by marginalised communities.
The 85th Amendment Act, 2001, also granted Parliament the power to create laws outlining the criteria for the employment and appointment of individuals belonging to backward classes. This provision further enhanced the opportunities for SC/ST individuals to secure government positions and ensured that the process would be governed by specific guidelines. The amendment's focus on both promotion and appointment underscores its comprehensive approach to improving the representation of SC/ST individuals in government services.
The amendment came into force on June 17, 1995, and was deemed a crucial step towards social justice and equality for Scheduled Castes and Scheduled Tribes in India. It demonstrated the Indian Constitution's capacity for evolution and its commitment to creating a more democratic and inclusive society. The 85th Amendment Act, 2001, stands as a testament to the country's efforts to address historical inequalities and promote the advancement of disadvantaged communities.
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It gave the Parliament the power to make laws prescribing criteria for the employment of backward people
The 85th Amendment of the Indian Constitution was enacted in 2001 (deemed to have come into force on the 17th of June 1995) and introduced several changes. One of the key changes was its impact on the employment of backward people, specifically those from Scheduled Castes and Scheduled Tribes.
The amendment gave the Parliament of India the power to make laws prescribing criteria for the appointment and employment of people from these socially and economically disadvantaged groups. This was done to increase the benefit of reservation in favour of Scheduled Castes and Scheduled Tribes, providing them with greater access to promotions and consequential seniority in government service.
Prior to the 85th Amendment, there were instances where candidates from reserved categories who were promoted ahead of general category candidates due to reservation policies would become their seniors. To address this, the concept of a "Catch-Up Rule" was proposed in the Virpal Singh (1995) and Ajit Singh (1996) cases. This rule allowed senior general category applicants who were promoted after Scheduled Castes and Scheduled Tribes candidates to regain their seniority.
The 85th Amendment further built upon these efforts by amending Article 16(4A) of the Constitution. It replaced the phrase "in situations of promotion to any class" with "in matters of promotion, with consequential seniority, to any class". This change ensured that members of Scheduled Castes and Scheduled Tribes who received promotions under reservation policies would also be granted consequential seniority, solidifying their new position relative to their peers.
By granting Parliament the power to create laws around employment criteria for backward people, the 85th Amendment aimed to enhance their opportunities for advancement and reduce disparities. This amendment reflects the Indian Constitution's ability to adapt and create conditions for a more democratic and progressive nation.
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The amendment altered Article 16(4A) of the Indian Constitution
The 85th Amendment of the Indian Constitution introduced several changes, but one of the most significant was the alteration of Article 16(4A). This amendment sought to increase the benefits of reservation in favour of the Scheduled Castes and Scheduled Tribes in government employment, specifically in matters of promotion and seniority.
Prior to the 85th Amendment, there was a discrepancy in the treatment of reserved category candidates during promotion. In certain cases, candidates from reserved categories who were promoted ahead of their general category peers due to reservation policies would become seniors to those very peers. To address this, two decisions, Virpal Singh (1995) and Ajit Singh (1996), proposed the Catch-Up Rule, which allowed senior general applicants to regain their seniority over the promoted reserved category candidates.
Article 16(4A) was inserted into the Indian Constitution through the 77th Amendment Act of 1995. This clause provided for "reservation in matters of promotion to any class" for Scheduled Castes and Scheduled Tribes. However, the 85th Amendment Act of 2001 sought to expand upon this by amending the wording of Article 16(4A). The new wording substituted "in matters of promotion to any class" with "in matters of promotion, with consequential seniority, to any class". This change ensured that candidates from the Scheduled Castes and Scheduled Tribes who were promoted would also be granted consequential seniority, meaning they would not be overtaken by their general category peers in terms of seniority.
The amendment also gave Parliament the power to make laws prescribing criteria for the appointment and employment of individuals from backward classes. This was done to ensure that the interests of government servants from the Scheduled Castes and Scheduled Tribes were protected during promotion to higher grades. The amendment was deemed to have come into force on June 17, 1995, and provisions were made to retain the consequential seniority conferred to individuals as a result of their promotion based on reservation.
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The 85th Amendment was upheld by the Hon'ble Supreme Court in Nagraj
The 85th Amendment Act of 2001 was introduced to increase the benefit of reservation in favour of the Scheduled Castes and Scheduled Tribes in terms of promotion with consequential seniority. The amendment replaced the text "in situations of promotion to any class" with "in matters of promotion, with consequential seniority, to any class" in clause (4A) of Article 16 of the Indian Constitution. The amendment's underlying aim was to broaden Scheduled Castes and Scheduled Tribes' access to the advantage of quota in areas of promotion and seniority.
The 85th Amendment was one of several Constitutional Amendments, including the 77th, 81st, and 82nd, that were challenged in the case of M. Nagraj & Ors. vs. Union of India & Ors. in 2006. The petitioners argued that these amendments violated the basic structure of equality enshrined in Articles 14, 15, and 16 of the Constitution. They claimed that the amendments were made to nullify the effects of previous decisions, such as Ajit Singh (II), which upheld the importance of maintaining efficiency in administration.
The Hon'ble Supreme Court of India upheld the validity of the 85th Amendment, along with the 77th, 81st, and 82nd Amendments, in the Nagraj case. The Court clarified that reservations about promotions must be supported by quantifiable data, including the backwardness and inadequate representation of certain groups in society. It was reaffirmed that the Parliament has the authority to amend the Constitution, provided that the amendments do not violate the basic structure of the Constitution.
The Court also emphasized that the power of amendment under Article 368 is a 'constituent' power, allowing for necessary changes to protect and preserve the basic structure of the Constitution. The twin tests of width and identity, which must be satisfied to apply the basic structure doctrine, were not violated by the amendments in question. This judgment reflected the behavior of the judiciary in matters concerning reservations and promotions for disadvantaged groups.
The 85th Amendment Act, along with other amendments, played a significant role in shaping the policies related to reservations and promotions for Scheduled Castes and Scheduled Tribes in India. The Supreme Court's decision in the Nagraj case provided important clarifications and affirmations regarding the constitutional validity of these amendments.
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The 85th Amendment Act, 2001, came into force on June 17, 1995
The Constitution (Eighty-fifth Amendment) Act, 2001, also known as the 85th Amendment Act, 2001, came into force on June 17, 1995. The Indian Constitution is unique in that it allows for revisions, making India more democratic and well-organised. As of October 2021, it had been modified 105 times since its initial enactment in 1950, making it the most amended national constitution in the world.
The 85th Amendment Act, 2001, had the primary goal of increasing the benefit of reservation in favour of the Scheduled Castes and Scheduled Tribes in promotions with consequential seniority. It amended Article 16(4A) of the Constitution, which now reads: "Nothing in this article shall prevent the State... [this is] applicable only up to 17.6.1995, the date from which the 85th amendment introducing the phrase 'with consequential seniority' in Article [16(4A)]".
The phrase "in situations of promotion to any class" was replaced with "in matters of promotion, with consequential seniority, to any class" in clause (4A) of Article 16. This change was made to address an abnormality where reserved category candidates who were promoted ahead of general class competitors became their seniors due to earlier promotions. The amendment provided that Scheduled Caste and Scheduled Tribe members of the government would be given "consequential seniority in the case of promotion by the rule of reservation with provisions dealing from June 1995".
The 85th Amendment Act, 2001, also made several other changes, including giving Parliament the power to make laws prescribing criteria for the appointment and employment of backward people. These changes were made to benefit the poor and backward sections of society.
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Frequently asked questions
The 85th Amendment Act of 2001 changed Article 16(4A) of the Indian Constitution.
The 85th Amendment aimed to increase the benefit of reservation in favour of the Scheduled Castes and Scheduled Tribes in areas of promotion with consequential seniority.
The 85th Amendment introduced several changes, including giving the advantage of reservation in favour of Scheduled Castes and Tribes, allowing them to maintain seniority above general category peers. It also gave Parliament the power to make laws prescribing criteria for the appointment and employment of backward people.
The 85th Amendment came into force on 17 June 1995.
As of July 2025, there have been 106 amendments to the Indian Constitution since it was first enacted in 1950.
