Article 16: Step by step analysis of Reservation system with Basic Structure & M.Nagaraj Case(2020)

Описание: M. Nagaraj Judgment and the Doctrine of Basic Structure explained
• In Part-3 of this video series, we discussed about Indira Sawhney case, popularly known as Mandal Commission Case. This case put the government in motion and Justice Ram Nandan Committee was appointed to differentiate the creamy layer from other backward classes of citizens. A report was submitted by the Committee in 1993 which was accepted.

National Commission for Backward Classes (NCBC) was established in 1993.

The 77th, 81st, 85th amendments to Article 16 and 82nd amendment in Article 335 were challenged and this was before a five-judges Bench. I have dealt with these amendment in part-2 of Article 16 series.


• Vide 77th Amendment, 1995, Clause 4A was inserted in Article 16. Reservation in promotion to SC/ST. 81st Amendment, 2000 Clause 4B was inserted. 82nd Amendment, 2000, a proviso was inserted to Article 335.
The Supreme Court in S Vinod Kumar And Anr vs Union Of India And Ors (October 1, 1996). Vide 85th Amendment, 2001, the word " Consequential Seniority" was introduced in Article 16(4A). Earlier it was Catch up seniority.

SC judgments in Union Of India vs Virpal Singh Chauhan (October 10, 1995) and Ajit Singh Januja vs State Of Punjab (March 1, 1996).
MAIN CHALLENGE ON THE GROUND OF VIOLATION OF BASIC STRUCTURE:
Article 79(3) of the Basic Law of the Federal Republic of Germany, adopted on May 8, 1949, bars explicitly amendments to provisions concerning the federal structure.
Justice Mudholkar wrote his dissent, in the case of Sajjan Singh v. State of Rajasthan and for the first time in 1964 , he theorised that the Constitution has "basic features" and the ambit of Article 368.
"What is basic structure"?
Relied on S R Bommai case.
In Nagaraj judgment
The court upheld the constitutional validity of the 77th, 81st, 82nd, and 85th Amendments.
•
117th Constitution Amendment Bill to clarify that all SCs/STs are deemed to be backward.
•
The next case of Karnail Singh in 2018 in next video. So, the journey will continue. Please keep watching "Journey of Constitution of India".
For complete understanding of law related to Reservation, watch all parts of Article 16.
Link given below:
Part-1 of Article16:    • ARTICLE 16: RIGHT TO EQUAL OPPORTUNITY IN ...  
Part-2 of Article16:    • AMENDMENTS  IN ARTICLE 16 CHANGED RESERVAT...  
Part-3 of Article 16:    • Article 16: Step by step Discussion of  In...  
Part-4 of Article 16:    • Article 16: Step by step analysis of Reser...  
Part-5 of Article 16:    • Article 16 | Complete Analysis of Latest C...  
Please send your comment to:
Email : [email protected]
Please subscribe the channel so that the video can reach to you at the time of upload.