Eighty-fifth Amendment of the Constitution of India …

The Eighty-fifth Amendment of the Constitution of India, officially known as The Constitution (Eighty-fifth Amendment) Act, 2001, enables the State to make any provision for reservation in favour of the Scheduled Castes and the Scheduled Tribes, giving them the benefit of consequential seniority in matters of promotion to any class of classes of posts in the services under the State, if they are not adequately represented.

BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:-

1. Short title (1) This Act may be called the Constitution (Eighty-fifth Amendment) Act, 2001.

2. Amendment of article 16 In article 16 of the Constitution, in clause (4A), for the words "in matters of promotion to any class", the words "in matters of promotion, with consequential seniority, to any class" shall be substituted.[1]

Article 16 of the Constitution provides for equality of opportunity in matters of public employment. The 85th Amendment amended clause (4A) of the article replacing the words "in matters of promotion to any class" with the words "in matters of promotion, with consequential seniority, to any class" in order to enable the State to make any provision for reservation in favour of the Scheduled Castes and the Scheduled Tribes, giving them the benefit of consequential seniority in matters of promotion to any class of classes of posts in the services under the State, if they are not adequately represented.[2]

The Bill of The Constitution (Eighty-fifth Amendment) Act, 2001 was introduced in the Lok Sabha on 26 November 2001, as the Constitution (Ninety-second Amendment) Bill, 2001 (Bill No. 105 of 2001). It was introduced by Vasundhara Raje, then Minister of State in the Ministry of Personnel, Public Grievances and Pensions. The Bill sought to amend article 16 of the Constitution.[2] The full text of the Statement of Objects and Reasons appended to the bill is given below:

The Government servants belonging to the Scheduled Castes and the Scheduled Tribes had been enjoying the benefit of consequential seniority on their promotion on the basis of rule of reservation. The judgments of the Supreme Court in the case of Virpal Singh Chauhan (1995) 6 SCC 684 andAjit Singh No. I AIR 1996 SC 1189, which led to the issue of the O.M. dated 30th January, 1997, have adversely affected the interest of the Government servants belonging to the Scheduled Castes and Scheduled Tribes category in the matter of seniority on promotion to the next higher grade. This has led to considerable anxiety and representations have also been received from various quarters including Members of Parliament to protect the interest of the Government servants belonging to Scheduled Castes and Scheduled Tribes.

2. The Government has reviewed the position in the light of views received from various quarters and in order to protect the interest of the Government servants belonging to the Scheduled Castes and Scheduled Tribes, it has been decided to negate the effect of O,M. dated 30th January, 1997 immediately. Mere withdrawal of the O.M dated 30th January, 1997 will not meet the desired purpose and review or revision of seniority of the Government servants and grant of consequential benefits to such Government servants will also be necessary. This will require amendment to article 16(4A) of the Constitution to provide for consequential seniority in the case of promotion by virtue of rule of reservation. It is also necessary to give retrospective effect to the proposed constitutional amendment to article 16(4A) with effect from the date of coming into force of article 16(4A) itself, that is, from the 17th day of June, 1995.

3. The Bill seeks to achieve the aforesaid objects.

The Bill was considered by the Lok Sabha on 28 November 2001, and passed on the same day with a formal amendment changing the short title from Ninety-second to Eighty-fifth. The Bill, as passed by the Lok Sabha, was considered and passed by the Rajya Sabha on 5 December 2001. The Bill, as passed by the Rajya Sabha, was considered and passed by the Lok Sabha on 22 August 2000. The Bill received assent from then President K. R. Narayanan on 4 January 2002, and was notified in The Gazette of India on the same date. It retroactively came into effect from 17 June 1995, as stated in clause (2) of Section 1 of the Amendment Act.[2]

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