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.