class' in clause (4A) of Article 16 of the Indian Constitution. Also Refer ] [In article 16 of the Constitution after clause 4 (A), the following ... appointment. The case M. Nagaraj v. Union of India dealt with Articles 16 (4A) and (4B) of the Constitution. It was held in this case
class' in clause (4A) of Article 16 of the Indian Constitution. Also Refer ] [In article 16 of the Constitution after clause 4 (A), the following ... appointment. The case M. Nagaraj v. Union of India dealt with Articles 16 (4A) and (4B) of the Constitution. It was held in this case
equality of opportunity [ Article 16(1)] , anti-
discrimination [ Article 16(2)] , special classification
[ Article 16(3)] , affirmative action [ Article 16(4)] which
does not obliterate ... special
justification. Equality in Article 16(1) is individual-
specific whereas reservation in Article 16(4) and Article
16(4A) is enabling. The discretion
into force w.e.f. June 17, 1995 for which date Article 16
(4A) was brought into the Constitution. It provides that
"nothing ... need to bring about
amendment to the statutory rules wince Article 16(4A) itself
provided constitutional operation of reservation in
promotion obviating the necessity
language employed in Article 16(1) on the
one hand and Article 16(4) and Article 16(4A). There is no
directive or command ... Article 14 and
Article 16(1) on the one hand and the provisions relating to
reservation in Article 16(4) and Article 16(4A
Fundamental Right under Article
16(1) of the Constitution. The Bench posed a question whether Articles
16(4) and 16(4A) guarantee any Fundamental Right ... Constitution
Bench opined that Article 16(1) deals with the Fundamental Right and
Articles 16(4) and 16(4A) are the enabling provisions. After
held will be ultra vires Article 14 and Article
16 of the Constitution of India. Article 16(4-A) cannot also
help. Such seniority ... Article 16 as
correctly held in Virpal Singh Chauhan.‖38
22 The Constitution Bench held that Article 16 (4A) is an enabling provision.
The state
special justification. Equality
in Article 16 (1) is individual -specific whereas reservation in
Article 16 (4) and Article 16 (4-A) is enabling. The discretion ... 4A) and 16 (4B)
flow from Article 16 (4) and if Article 16 (4) is an enabling
provision then Articles 16 (4A) and 16
have thought that reservation in promotion, in view of insertion of Article 16(4A) in the Constitution of India and the judgment ... show compelling state need to exercise powers under Article 16(4) or Article 16(4A);
(f) setting up a continuous mechanism to see that
impugned constitutional
amendments by which Articles 16(4A) and 16(4B)
have been inserted flow from Article 16(4). They
do not alter the structure ... promotion to
the next higher grade, an amendment is made to Article 16(4A)
thereby "in matter of promotion with consequential seniority
