M. NAGARAJ AND ORS. versus UNION OF INDIA AND ORS

M. NAGARAJ AND ORS. versus UNION OF INDIA AND ORS

The constitutional amendments introducing reservation in promotion with consequential seniority for SC/STs (Articles 16(4A) and 16(4B)) are valid as they do not obliterate basic structure or equality. They are enabling provisions; State must show quantifiable data of backwardness, inadequacy of representation, and maintain efficiency. Reservation must not exceed 50%, obliterate creamy layer, or extend indefinitely. The reference is answered accordingly; validity of State enactments to be examined case-wise.

Parties
Petitioner: M. Nagaraj and Ors.; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
19 October 2006
Procedural Posture
Writ Petition Under Article 32 / Constitutional Reference, Judgment
Outcome
Constitutional validity of the 77th, 81st, 82nd, and 85th Amendment Acts upheld, subject to compliance with constitutional requirements.
Legal Topics
Basic Structure Doctrine, Reservation in Promotion, Equality of Opportunity, Judicial Review, Constitutional Amendments, Efficiency in Administration
Constitutional Law Basic Structure Doctrine Reservation in Promotion Equality of Opportunity Judicial Review Constitutional Amendments Efficiency in Administration

Case Brief

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Parties

M. Nagaraj and Ors.

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition Under Article 32 / Constitutional Reference, Judgment

Legal Issues

  1. 1 Whether the Constitution (77th, 81st, 82nd, and 85th Amendment) Acts violate the basic structure of the Constitution by altering equality of opportunity in public employment and reservation in promotions with consequential seniority.
  2. 2 Nature and extent of judicial review applicable in constitutional amendments vis-à-vis the basic structure doctrine.
  3. 3 Whether Parliament has an unlimited amendment power under Article 368.

Ratio Decidendi

The constitutional amendments introducing reservation in promotion with consequential seniority for SC/STs (Articles 16(4A) and 16(4B)) are valid as they do not obliterate basic structure or equality. They are enabling provisions; State must show quantifiable data of backwardness, inadequacy of representation, and maintain efficiency. Reservation must not exceed 50%, obliterate creamy layer, or extend indefinitely. The reference is answered accordingly; validity of State enactments to be examined case-wise.

Court Disposition

Constitutional validity of the 77th, 81st, 82nd, and 85th Amendment Acts upheld, subject to compliance with constitutional requirements.

Orders

  • States must show quantifiable data for reservation in promotions for SCs/STs.
  • Reservation provisions must not breach ceiling-limit of 50%, must exclude creamy layer, and must not extend indefinitely.