82nd Amendment Of Indian Constitution

82nd amendment of indian constitution

In terms of appointments and promotions for members of Schedule Castes (SCs) and Schedule Tribes, the 82nd Amendment of Indian Constitution lowers the qualifying scores and evaluation standards for reservations (STs). The act was enacted in the fifty-first year of the Indian Republic.

Read this article to learn more about the 82nd amendment of Indian Constitution.

What Is The 82nd Amendment Of Indian Constitution?

The Constitution (Eighty-second Amendment) Act of 2000 is the official name that this legislation may go by. 82nd Amendment amended article 355 of the Indian Constitution. The amended version states that none in Article 355 is construed as prohibiting the State from providing for a relaxation of the qualifying scores for exams, services, or promotions in favor of SC/ST people.

This amendment came into effect on 8th September 2000.

Objects And Reasons

The facility of easing qualifying marks as well as standards of evaluation in areas of reservation in promotion had been relished by the Scheduled Castes and Scheduled Tribes. In its verdict on 1-10-1996 in the case of S. Vinod Kumar vs Union of India, the Supreme Court ruled that, in light of the directive in Article 335 of the Constitution, such relaxations in the rules governing reservations in promotions were not allowed under Article 16(4) of the Constitution.

The Supreme Court’s Constitution Bench of nine judges, which heard the case of Indira Sawhney and others v. Union of India and others, established the legislation regarding exemptions of qualifying marks and norms of evaluation in matters of reservation in promotion, as per the Apex Court. Such relaxations are not permitted under article16(4) in light of the directive included in article 335 of the Constitution, according to paragraph 831 of the Indira Sawhney decision. These exemptions had to be rescinded effective from July 22, 1997, in order to execute Supreme Court rulings.

The Government has received representations from a variety of sources, including Members of Parliament, regarding the deleterious impact of the order of 22.07.1997 on the preferences of the Scheduled Castes and Scheduled Tribes. The Government has assessed the situation in light of the numerous representation and chose to seek a change to the constitution in an effort to reinstate the relaxations that were revoked in accordance with directives given by the Department of Personnel and Training on July 22, 1997.

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Important Provision

82nd Amendment amended Article 355. Nothing in Article 355 prohibits making provisions in favour of individuals of the Scheduled Castes and the Scheduled Tribes for a reservation in aspects of promotion to any class or classes of services or posts in link with the matters of the Union or of a State, including lessening the benchmarks of evaluation or relaxing the qualifying marks in any examination.

Conclusion

The State revised the Constitution once again in 2000. The State amended Article 335 with the 82nd Amendment of Indian Constitution to include a proviso. The claims of SCs/STs to services and positions must be commensurate with overall administrative effectiveness, per Article 335. The proviso it introduced said that nothing in Article 335 would prevent the State from reducing the standard of evaluation for quota in matters of promotion to people of the SC and STs or easing the qualifying criteria. The Supreme Court’s Vinod Kumar decision from 1996, which specifically forbade relaxations in qualifying marks in areas of reservation in promotion, was overturned by the proviso to Article 335.

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