Statement of Objects and Reasons appended to the Constitution (Eighty Eighth Amendment) Bill 1999 which was enacted as the Constitution (Eighty Second Amendment) Act 2000 The Scheduled Castes and the Scheduled Tribes had been enjoying the
facility of relaxation of qualifying marks and standards of evaluation in
matters of reservation in promotion. The Supreme Court in its judgment dated
1-10-1996 in the case of S. Vinod Kumar Vs. Union India held that such
relaxations in matters of reservation in promotion were not permissible under
article 16(4) of the Constitution in view of the command contained in article
335 of the Constitution. The Apex Court also held that the law on the subject
of relaxations of qualifying marks and standards of evaluation in matters of
reservation in promotion is one laid down by the nine-judge Constitution
Bench of the Supreme Court in the case of Indira Sawhney and others Vs. Union
of India and others. Para 831 of Indira Sawhney judgment also held such
relaxations as being not permissible under article 16(4) in view of the
command contained in article 335 of the Constitution. In order to implement
the judgments of the Supreme Court, such relaxations had to be withdrawn with
effect from 22.07.1997. 2. In view of the adverse effect of the order dated
22.07.1997 on the interests of Scheduled Castes and Scheduled Tribes,
representations had been received by the Government from several quarters
including the Members of Parliament. Considering the various representations,
the Government has reviewed the position and decided to move for
constitutional amendment with a view to restore the relaxations which were
withdrawn vide instructions issued by the Department of Personnel and
Training on 22.07.1997.
VASUNDHARA RAJE New Delhi; The 22nd December, 1999 THE CONSTITUTION (EIGHTY SECOND
AMENDMENT) ACT, 2000 [8th September 200] An Act further to amend
the Constitution of India. BE it enacted by Parliament in
the Fifty-first year of the Republic of India as follows :— 1. Short title: This Act may be called
the Constitution (Eighty-second Amendment) Act, 2000 2. Amendment of article 335: In Article 335 of the
Constitution, the following proviso shall be inserted at the end, namely :— "Provided that nothing in this
article shall prevent in making of any provision in favour of the members of
the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying
marks in any examination or lowering the standards of evaluation, for
reservation in matters of promotion to any class or classes of services or
posts in connection with the affairs of the Union or of a State". |