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october 2006

Supreme Court of India · 2006-10-19

M. Nagaraj & Others vs Union Of India & Others

Court
Supreme Court of India
Petitioner
M. Nagaraj & Others
Respondent
Union Of India & Others
Author
K.G. Balakrishnan
Bench
K.G. Balakrishnan

Judgment text excerpt

The Supreme Court examined the constitutionality of the Constitution (Eighty-Fifth Amendment) Act, 2001, which inserted Article 16(4A) allowing reservation in promotions with consequential seniority. The Court held that this amendment violates the basic structure doctrine by reversing prior judgments that restricted reservation to initial appointments only, specifically referencing the cases of Indra Sawhney and Ajit Singh. The Court ruled the amendment unconstitutional, affirming that equality under Article 14 and Article 16(1) must be maintained in public employment.

M. Nagaraj & Others vs Union Of India & Others · Niyam