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Court, quota and cream

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  • 1992, Indra Sawhney, Eight out of nine judges held that reservations in promotions were unconstitutional. “It would be a serious and unacceptable inroad into the rule of equality of opportunity to say that such a handicap should be provided in every stage of promotion throughout their career. Five judges said existing reservations in promotions should continue for five years.

    May 1995: 77th Constitutional Amendment. A clause added to article 16 “Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the Services under the State in the favor of Scheduled Castes and Scheduled Tribes, which in the opinion of the State are not adequately represented in the services of the State.”

    2000 82nd Constitutional Amendment, provides for “relaxation in qualifying marks or lowering standards of evaluation” for reservations in matters of promotions for Dalits.

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    October 2006; Court upholds reservations in promotions as being constitutional.

    What to Watch Out for: The Court overruled its own decision in Indra Sawhney since it does not seem inclined to strike down a constitutional amendment. Will it adopt the same approach in the future?

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