What did M. Nagaraj decide about reservation in promotion?

The Court upheld Articles 16(4A) and 16(4B) as enabling provisions, but States must justify promotion quotas with quantifiable data and keep equality limits intact.

Do creamy layer and 50% cap matter after Nagaraj?

Yes. The Court said equality controls continue: creamy layer exclusion, overall 50% ceiling, and no breach of administrative efficiency under Article 335.

What must a State show before giving promotion quotas?

Quantifiable data proving backwardness of the group, inadequate representation in services, and that efficiency of administration will not be hit.

Are the constitutional amendments valid?

Yes. The 77th, 81st, 82nd and 85th Amendments were upheld. They do not destroy the basic structure as long as equality limits are followed.

What is Article 16(4B) about?

It allows carry-forward of backlog vacancies. Even then, equality limits apply and overall balance must be preserved.

M. Nagaraj v. Union of India

(2006) 8 SCC 212 — Reservation in promotions, Articles 16(4A)/(4B), and the basic structure test

Supreme Court of India 2006 Citation: (2006) 8 SCC 212 Equality & Reservations Reading time: ~10 min India

Author: Gulzar Hashmi Published: October 24, 2025 Slug: m-nagaraj-v-union-of-india

PRIMARY_KEYWORDS: Article 16(4A), Article 16(4B), reservation in promotion SECONDARY_KEYWORDS: basic structure, creamy layer, 50% ceiling, Article 335, quantifiable data

Quick Summary

The Supreme Court tested four constitutional amendments that support reservation in promotions for SCs/STs: the 77th, 81st, 82nd and 85th Amendments.

The Court upheld these amendments. But it placed strict conditions: a State must have quantifiable data showing (1) backwardness, (2) inadequate representation, and (3) no hit on administrative efficiency (Article 335). It also said the 50% cap, creamy layer, and equality checks continue to apply.

Issues

Are the 77th, 81st, 82nd, 85th Amendments valid, or do they violate the basic structure?
How do Articles 16(4A) and 16(4B) work with equality limits like the 50% ceiling, creamy layer, and Article 335?

Rules

Article 16(4A): Lets the State give reservation in promotion to SCs/STs.
Article 16(4B): Allows carry-forward of backlog vacancies in reservations.
Basic Structure: Parliament cannot damage core features like equality.
Article 335: Keep administrative efficiency while implementing SC/ST claims.
Indra Sawhney controls: 50% cap, creamy layer, and no excesses.

Facts (Timeline)

Petitioners file an Article 32 writ challenging Articles 16(4A) & 16(4B) and the 77th, 81st, 82nd, 85th Amendments.

They argue: equality is a basic structure; the new clauses breach Indra Sawhney limits (e.g., the 50% cap).

Union says: Article 368 lets Parliament amend to repair the Constitution; the amendments only enable States, subject to equality checks.

Arguments

Petitioners

Amendments erode equality and breach the basic structure.
16(4B) ignores the 50% ceiling and principles in Indra Sawhney.
Parliament cannot make open-ended quotas in promotions.

Respondents (Union/States)

Amendments are enabling, not mandatory; equality limits still apply.
They advance social justice and do not damage the basic structure.
Court can require data-backed decisions to keep balance.

Judgment (Held)

Judgment illustration: M. Nagaraj decision

Amendments upheld: The 77th, 81st, 82nd, 85th Amendments and Articles 16(4A)/(4B) are valid.
Enabling, not automatic: States may give promotion quotas only after proving three things with quantifiable data: backwardness, inadequate representation, and no loss of efficiency (Art. 335).
Equality controls stay: 50% ceiling, creamy layer exclusion, and no excessive relaxations continue to apply.
Carry-forward (16(4B)): Backlog can be carried forward, but overall equality balance must be kept.

Ratio Decidendi

Reservation in promotion is constitutionally permitted via 16(4A)/16(4B), but it must pass equality filters. Each State must show fresh, quantifiable evidence justifying the policy and must not violate the basic structure (equality, efficiency, balance).

Why It Matters

Sets the checklist (data + limits) for any State giving promotion quotas.
Preserves equality while enabling social justice.
Guides courts and governments on how to design reservation policies.

Key Takeaways

Valid but conditional: 16(4A)/(4B) survive, subject to strict proof.
Quantifiable data on backwardness, inadequate representation, and efficiency is a must.
Equality guardrails: 50% ceiling, creamy layer, and merit-efficiency checks remain.

Mnemonic + 3-Step Hook

Mnemonic: “Data, Deficit, Don’t-Dent”

Data: Collect quantifiable evidence.
Deficit: Show inadequate representation.
Don’t-Dent: Don’t dent efficiency—respect equality limits.

IRAC Outline

Issue

Validity of 77th/81st/82nd/85th Amendments and scope of 16(4A)/(4B).

Rule

Articles 16(4A)/(4B), 335; basic structure; Indra Sawhney limits.

Application

Amendments enable; States must justify via quantifiable data.

Conclusion

Amendments valid; equality guardrails and data-tests apply.

Glossary

Reservation in Promotion: Quota benefits applied when employees are promoted to higher posts.
Creamy Layer: Economically/educationally advanced members who are excluded from reservation benefits.
50% Ceiling: General limit on total reservations to protect equality.
Quantifiable Data: Concrete statistics used to justify policy—no assumptions.