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march 2010

Supreme Court of India · 2010-03-18

M. NAGARAJ vs UNION OF INDIA .

Citation / case number
SC 2002/1249
Court
Supreme Court of India
Petitioner
M. NAGARAJ
Respondent
UNION OF INDIA .
Bench
Y.K. SABHARWAL, 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) allowing for reservation in promotions with consequential seniority. The Court held that this amendment violates the basic structure of the Constitution by reversing prior judgments that restricted reservation to initial recruitment only, specifically referencing Article 14 and Article 16(1). The Court ruled the amendment unconstitutional, affirming the principle that equality in public employment must not be compromised by such provisions.

M. NAGARAJ vs UNION OF INDIA . · Niyam