India. The virus of the 81 st constitutional amendment
Act, 82nd constitutional amendment Act and 85th constitutional amendment
Act has been challenged before ... Seventh Amendment) Act, 1995 , the Constitution
(Eighty-First Amendment) Act, 2000 , the Constitution (Eighty-Second
Amendment) Act, 2000 and the Constitution (Eighty-Fifth Amendment
violative of Articles 14 and
16. In spite of 85th Amendment having been upheld, law laid down in
Badappanavar (supra), Ajit Singh II (supra ... itself be in conflict with
“equality code” under the Constitution. The 85th Amendment gave freedom to
the State to provide for reservation in promotion with
Union Government, the
matter regarding implementation of Constitution (85th
Amendment) Act, 2001 may be deferred and the
existing reservation system be continued till
finalization ... members of Scheduled Caste and Scheduled Tribe as
per Constitution (85th Amendment) Act, 2001 may not
be granted.
18. The said instructions have been placed
Chauhan's case (supra), was retrospectively overturned by Constitutional
(Eighty-Fifth) Amendment w.e.f. 17.6.1995, which added the words "with
consequential seniority ... which upheld the Constitutional (85th) Amendment. In 2013,
Mumbai Zone-I issued tentative seniority list of Superintendent of Customs
(Preventive) and called for the objections
National Federation Of The Blind Thru ... vs State Of U.P. Thru Chief Secretary And
filed a counter affidavit
contending, inter alia, that after the Constitution 85th Amendment
Act, 2001 , the Government of Andhra Pradesh issued ... validity of the 77th, 81st, 82nd and 85th amendments to
the Constitution were under challenge. The 85th amendment
empowered the State to provide for reservation
reservation policy introduced
by inserting Article 16(4A) by the 85th Amendment of the Constitution
when the challenge was thrown on its vires having stated
case of M. Nagraj Vrs. Union of
India in which the 85th Constitutional amendment was under scrutiny. The
Union Government in order to come ... overall administrative
efficiency before making provision for reservation.
The provision of 85th amendment has been made as enabling
provision. "The State is not bound
Constitution of India was amended by the 85th Amendment
with retrospective effect from 17.06.1995. In effect, this amendment
contemplated consequential seniority to any class
enabling provision in the Constitution by way of 77th and 85th amendment i.e for reservation in promotion with consequential seniority. Hence to grant such
