77th Amendment Of Indian Constitution

77th amendment of indian constitution

The Constitution (Seventy-Seventh Amendment) Act, 1995 is the formal name of 77th Amendment of Indian Constitution. On May 31st, 1995, the 77th amendment was proposed in the Lok Sabha. The Government has decided to maintain the current policy of reservation in promotion for members of Scheduled Castes and Scheduled Tribes under this Act.

Read this article to get in-depth knowledge about the 77th amendment of the Indian constitution. This is a part of Indian Polity of UPSC Syllabus. This article will help you in your UPSC Exam preparation.

Background

  1. One of the first affirmative action initiatives in the world was the reservation policy for underprivileged groups in India, which was implemented in 1950 after the country’s independence.
  2. Before India gained its independence, the British and several Indian princely states made an effort to provide some sense of equality in terms of representation and education.
  3. 20% of seats in educational institutions should be set aside for SC and ST students, according to a 1954 letter from the Indian government’s Ministry of Education to the states. The minimum required marks for enrollment to these institutes might also be relaxed by 5%, according to the proposal.
  4. In a directive given to its affiliated colleges and universities in 1982, the University Grants Commission (UGC) raised the amount of reservation for SCs and STs from 5% to 7.5%.
  5. The Indian Supreme Court had determined in 1992 that reservations could not be more than 50%. However, several states have greater than 50% quotas, and litigation before the Supreme Court is ongoing. For illustration, Tamil Nadu has a 69% caste-based reservation policy.
  6. The Supreme Court had declared in the Indra Sawhney judgment that extending the resrvation to a promotion in the workplace was unconstitutional in 1992, but it had permitted it to stay for up to 5 years.
  7. The government extended the reservation in government job promotions in 1995 by introducing the 77th Amendment to the Constitution before the five-year window closed.

77th Amendment Of Indian Constitution

On 17 June 1995, the 77th amendment of Indian Constitution came into effect. This amendment was enacted in the Forty-sixth year of the Republic of India. This modifies article 16 of the constitution of India. On May 31st, 1995, the 77th amendment was proposed in the Lok Sabha. This Act increased the reservations for Scheduled Castes and Tribes for promotion in employment. The Supreme Court’s verdict on reservations in promotions was overturned by this amendment. 

Main Points:

  1. With this change, the Constitution’s Article 16 now contains a new clause (4-a).
  2. This gives the State the authority to make any reservations in favor of SCs and STs in promotions to government employment if it believes that their representation in state services is insufficient.
  3. The 77th Amendment’s goal stated that this system needed to be maintained in order to achieve adequate representation for SC and ST citizens in the States, which had not yet achieved.
  4. This was done in order to overturn the Supreme Court’s ruling that quotas on promotions are unlawful in the case of the Mandal Commission (Indra Sawhney v. Union of India).
make your upsc preparation faster with examarly

Objects And Reasons

The Constitution (Eighty-sixth Amendment) Bill of 1995, which was later passed as The Constitution (Seventy-seventh Amendment) Act of 1995, included a statement of purposes and justifications.

Since 1955, the Scheduled Castes and Scheduled Tribes have had access to the facility of reservation in the promotion. However, the Supreme Court stated in its decision dated November 16, 1992, in the issue of Indra Sawhney and Others vs. Union of India and Others that reservation of appointments or posts under Article 16(4) of the Constitution is restricted to initial appointment. Further, it cannot extend to a reservation in matters of promotion. The interests of the Scheduled Tribes and Scheduled Castes will be harmed by this Supreme Court decision.

It is vital to continue the current dispensation of offering reservations in promotion for the Scheduled Castes and the Scheduled Tribes since their representation in services in the States has not achieved the requisite level.

The government has chosen to maintain the current policy of reservations in the promotion for the Scheduled Castes and the Scheduled Tribes in light of its commitment to safeguarding the interests of these groups. To achieve this, it is necessary to change Article 16 of the Constitution. This is accomplished by adding a new clause (4A) to the aforementioned article that establishes a reservation in promotion for the Scheduled Castes and Scheduled Tribes.

The Bill accomplish to accomplish the forenamed object.

Constitutional Provisions

77th amendment of Indian Constitution amended article 16. After clause (4), the clause mentioned below shall be added to Article 16 of the Constitution:

There is nothing in this article that hinders the State from knitting any provisions for reservations in terms of promotion to any class or classes of posts in the services under the State in benefit of the Scheduled Castes and the Scheduled Tribes that, in the State’s opinion, are not represented properly there.

Conclusion

The 77th amendment went into effect on 17 June 1995. This constitutional amendment modifies article 16 of the constitution of India.

77th amendment of Indian Constitution guaranteed Scheduled Castes and Scheduled Tribes reservations for promotions in government employment. The Supreme Court’s decision regarding reservations in promotions was invalidated by this amendment.

make your upsc preparation faster with examarly

Total
0
Shares
Previous Article
76th amendment of indian constitution

76th Amendment Of Indian Constitution

Next Article
sikandar lodi of delhi sultanate

Sikandar Lodi Of Lodi Dynasty: Vital Ruler Of Delhi Sultanate