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M nagaraj vs union of india

In 2006, the Court delivered its judgment in M. Nagaraj v. Union of India. Specifically, the Nagaraj judgement laid down three controlling conditions that the State must meet prior to granting a SC/ST a reservation in promotion. First, the State must show the backwardness of the class. <br>

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M nagaraj vs union of india

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  1. M Nagaraj vs Union Of India Judgement

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  3. It also held that the Nagaraj judgment specified that the government must provide for a quantifiable data as regards backwardness is illegal and uncalled for due to the reason that the list only, after consideration by the President of India under arts. 341 and 342 are published and constitute SCs and STs. 3

  4. What is Nagaraj Judgement In 2006, the Court delivered its judgment in M. Nagaraj v. Union of India. Specifically, the Nagaraj judgement laid down three controlling conditions that the State must meet prior to granting a SC/ST a reservation in promotion. First, the State must show the backwardness of the class. ▫ 4

  5. ▫ In Nagaraj, the petitioners challenged the 77th, 81st, 82nd and 85th Amendments before the Supreme Court. Ultimately, the Court upheld the Amendments as constitutionally valid. Nevertheless, it introduced certain controlling conditions, which it made more difficult to grant reservations in matters of promotion. 5

  6. The five-judge Bench upheld the constitutional validity of Reservation in Promotion to SCs/STs. It upheld the Consequential Seniority Rule under Article 16(4A), the Carry Forward Rule under Article 16(4B) and the Proviso to Article 335. However, the court noted that Article 164A and 4B are enabling provisions and there is no automatic right to reservation in promotion for SC/STs. ▫ ▫ 6

  7. The Court held that for reservation in promotion to be valid, the State has to meet three compelling requirements in the case of M Nagaraj vs Union Of India. Demonstrate the backwardness of the SC/ST ▫ Prove that the SC/ST is inadequately represented in relevant public employment ▫ Maintain the overall efficiency of administration 7

  8. Read More Related Articles The Environment Act 1986 ▫ Consumer Protection Amendment act 2019 ▫ What Is Section 375 IPC ▫ Common Cause VS Union of India 1996 ▫ Section 467 IPC Punishment ▫ Mohori Bibee vs Dharmodas Ghose Case ▫ M Nagaraj vs Union of India Judgement ▫ 8

  9. Thank You

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