THE CONSTITUTION (EIGHTY
FIRST AMENDMENT) ACT,
of Objects and Reasons appended to the Constitution (Ninetieth Amendment) Bill, 2000 which
was enacted as the Constitution (Eighty-first Amendment) Act, 2000.
OF OBJECTS AND REASONS
August, 29, 1997, the vacancies reserved for the Scheduled Castes and the Scheduled
Tribes, which could not be filled up by direct recruitment on account of non-availability
of the candidates belonging to the Scheduled Castes or the Scheduled Tribes, were treated
as "Backlog Vacancies". These vacancies were treated as a distinct group and
were excluded from the ceiling of fifty per cent reservation. The Supreme Court of India
in its judgment in the Indra Sawhney versus Union of India held that the number of
vacancies to be filled up on the basis of reservations in a year including carried forward
reservations should in no case exceed the limit of fifty per cent. As total reservations
in a year for the Scheduled Castes, the Scheduled Tribes and the other Backward Classes
combined together had already reached forty-nine and a half per cent and the total number
of vacancies to be filled up in a year could not exceed fifty per cent., it became
difficult to fill the "Backlog Vacancies" and to hold Special Recruitment
Drives. Therefore, to implement the judgment of the Supreme Court, an Official Memorandum
dated August 29, 1997 was issued to provide that the fifty per cent limit shall apply to
current as well as "Backlog Vacancies" and for discontinuation of the Special
2. Due to
the adverse effect of the aforesaid order dated August 29, 1997, various organisations
including the Members of Parliament represented to the central Government for protecting
the interest of the Scheduled castes and the Scheduled Tribes. The Government, after
considering various representations, reviewed the position and has decided to make
amendment in the constitution so that the unfilled vacancies of a year, which are reserved
for being filled up in that year in accordance with any provision for reservation made
under clause (4) or clause (4A) of article 16 of the Constitution, shall be considered as
a separate class of vacancies to be filled up in any succeeding year or years and such
class of vacancies shall not be considered together with the vacancies of the year in
which they are being filled up for determining the ceiling of fifty percent. Reservation
on total number of vacancies of that year. This amendment in the Constitution would enable
the State to restore the position as was prevalent before august 29, 1997.
Bill seeks to achieve the aforesaid object.
CONSTITUTION (EIGHTY-FIRST AMENDMENT) ACT, 2000
further to amend the Constitution of India.
enacted by Parliament in the Fiftieth Year of the Republic of India as follows:-
title: This Act may be called the Constitution (Eighty-first Amendment) Act, 2000.
Amendment of article 16: In article 16 of the Constitution, for clause (4A), the following
clauses shall be inserted, namely: -
Nothing in this article shall prevent the State from considering any unfilled vacancies of
a year which are reserved for being filled up in that year in accordance with any
provision for reservation made under clause (4) or clause (4A) as a separate class of
vacancies to be filled up in any succeeding year or years and such class of vacancies
shall not be considered together with the vacancies of the year in which they are being
filled up for determining the ceiling of fifty per cent reservation on total number of
vacancies of that year".