Question
Download Solution PDF‘Reservation in promotion’ comes under which Article of the Constitution?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFKey Points
- Article 16 (4A) of the Indian Constitution deals with reservation in promotion for Scheduled Castes and Scheduled Tribes.
- This article was inserted by the 77th Constitutional Amendment Act, 1995.
- It empowers the state to make any provision for the reservation in matters of promotion to any class or classes of posts in the services under the state in favor of the SCs and STs.
- The objective is to ensure adequate representation of these communities in public employment.
- This provision is aimed at addressing historical injustices and ensuring social equality.
Additional Information
- Article 16 deals with equality of opportunity in matters of public employment.
- It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them.
- However, it allows for exceptions in the form of reservations for backward classes, Scheduled Castes, and Scheduled Tribes.
- The Constitution (77th Amendment) Act, 1995 was introduced to provide reservations in promotions which were earlier not included under Article 16.
- Subsequent amendments like the 85th, 95th, and 117th amendments have further shaped the provisions related to reservation in promotions.
Last updated on Jun 24, 2025
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