M. Nagaraj & Others v. Union of India & Others (2006)

Quick Summary

The Supreme Court upheld the 77th, 81st, 82nd, and 85th Amendments. These amendments allow reservation in promotion for SC/ST and consequential seniority. But a State must first pass three tests: backwardness, inadequate representation, and efficiency of administration.

• Articles 16(4A) & 16(4B) are enabling, not automatic.
• The 50% ceiling, creamy layer exclusion, and Article 335 efficiency still apply.

Issues

1. Are the 77th, 81st, 82nd, 85th Amendments constitutionally valid?
2. Do Articles 16(4A) & 16(4B) violate equality or the basic structure?
3. What conditions control reservation in promotion and consequential seniority?

Rules

• Article 16(4A): Enables reservation in promotion for SC/ST.
• Article 16(4B): Allows carrying forward of unfilled reserved vacancies.
• Controlling Tests (pre-condition for State action): Quantifiable data of (i) backwardness, (ii) inadequate representation, and (iii) maintenance of efficiency of administration (Article 335).
• Other Limits: 50% ceiling, creamy layer exclusion, no indefinite relaxations that damage equality.

Arguments

The Court upheld the 77th, 81st, 82nd and 85th Amendments as valid. Articles 16(4A) and 16(4B) are enabling provisions. However, a State must first collect quantifiable data to prove: (1) the backwardness of the class, (2) inadequacy of representation in services, and (3) that reservation in promotion preserves efficiency of administration under Article 335.

The Court reiterated the 50% ceiling, application of creamy layer, and the need to avoid blanket relaxations. Equality remains the guiding principle; reservation tools must be carefully justified.

Ratio Decidendi

Reservation in promotion is constitutionally permissible but not automatic. It is valid only when the State shows quantifiable backwardness, inadequate representation, and administrative efficiency. The equality framework (ceiling, creamy layer, proportionality) continues to control.

Why It Matters

• Sets clear tests for States before giving promotion reservation.
• Balances social justice with administrative efficiency.
• Preserves the basic structure by keeping equality limits intact.

Key Takeaways

• Enabling, not automatic: 16(4A)/(4B) need fresh data.
• Three Tests: Backwardness • Inadequacy • Efficiency.
• Equality limits survive: 50% cap • Creamy layer • Article 335.

Mnemonic + 3-Step Hook

Mnemonic: B-I-E = Backwardness • Inadequacy • Efficiency

1. Backwardness: Show it with numbers.
2. Inadequacy: Prove poor representation.
3. Efficiency: Protect merit and services.

IRAC Outline

Issue: Are the four Amendments and Articles 16(4A)/(4B) valid within equality and basic structure?

Rule: Enabling provisions are valid; apply equality limits and Article 335; require quantifiable proof.

Application: Court upholds validity but mandates B-I-E tests, 50% ceiling, creamy layer, and proportional design.

Conclusion: Amendments stand; States must justify any promotion reservation with fresh data and safeguards.

Glossary

Consequential Seniority

Seniority flowing from a promotion given under reservation.

Carry Forward (16(4B))

Unfilled reserved posts can be carried into future cycles.

Article 335

Efficiency of administration must be kept in view while making reservations.

FAQs

Related Cases