Nagaraj and others vs Union of India and others, 2006 was judgement passed against in the case of petition filed against the constitutional validity of &77, 81, 82 and 85 amendment act.
- 77 CAA- inserted clause 4A in article 16( equality of opportunity in matters of public employment; reservation in promotion)
- 81 CAA- inserted clause 4B in art. 16( filing of the backlog seats from the same category)
- 82 CAA- Relaxation of qualifying marks in matters of promotion
- 85 CAA- Addition of world consequential seniority in art 16 (4A)
- The petitioners argued that the four amendments were aimed at reversing the judgments in Indra Sawhney and other cases, that Parliament had arrogated to itself judicial powers, and had, therefore, violated the basic structure of the Constitution.
- The court upheld the constitutional validity of the 77th, 81st, 82nd, and 85th Amendments.
- It, however, ruled that if the state wished to exercise their discretion and make a provision for reservation in promotions for SCs/STs, the State has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance of Article 335
- Also, even if the State has a compelling reason it will have to see that its reservation provision does not breach the ceiling-limit of 50% or obliterate the creamy layer or extend the reservation indefinitely.
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