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october 2006

Supreme Court of India · 2006-10-19

M.Nagaraj & Others vs Union Of India & Others

Citation / case number
AIR 2007 SUPREME COURT 71
Court
Supreme Court of India
Petitioner
M.Nagaraj & Others
Respondent
Union Of India & Others
Author
S.H.Kapadia
Bench
K.G.Balakrishnan, S.H.Kapadia, C.K.Thakker, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court examined the constitutionality of the Constitution (Eighty-Fifth Amendment) Act, 2001, which inserted Article 16(4A) providing for 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 others v. Union of India. The Court concluded that the amendment is unconstitutional and infringes upon the fundamental right to equality under Articles 14 and 16 of the Constitution.

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