The Supreme Court in Indira Sawhney and others vs. Union of India and others (AIR, 1993
SC 477) on 16th November 1992 ruled that the total reservations under Article 16(4) should not
exceed 50 per cent.
The Tamilnadu Government enacted a legislation, namely, Tamilnadu Backward Classes,
Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institution and of
appointments or posts in the Services under the State) Bill, 1993 and forwarded it to the
Government of India for consideration of the President of India in terms of Article 31-C of the
Constitution. The Government of India supported the provision of the State legislation by giving
the President’s assent to the Tamilnadu Bill. As a corollary to this decision, it was necessary that
the Tamilnadu Act 45 of 1994 was brought within the purview of the Ninth Schedule to the
Constitution so that it could get protection under Article 31B of the Constitution with regard to
the judicial review.
77. The Constitution (Seventy-seventh Amendment) Act, 1995—The Schedule Castes and
the scheduled tribes have been enjoying the facility of reservation in promotion since 1955. The
Supreme Court in its judgement dated 16th November 1992 in the case of Indira Sawhney and
others vs. Union of India and others, however, observed that reservation of appointments or posts
under Article 16(4) of the Constitution is confined to initial appointment and cannot extend to
reservation in the matter of promotion. This ruling of the Supreme Court will adversely affect the
interests of the Scheduled Castes and the Scheduled Tribes. Since the representation of the
Scheduled Castes and the Scheduled Tribes in services in the States have not reached the
required level, it is necessary to continue the existing dispensation of providing reservation in
promotion in the case of the Scheduled Castes and the Scheduled Tribes. In view of the
commitment of the Government to protect the interests of the Scheduled Castes and the
Scheduled Tribes, the Government have decided to continue the existing policy of reservation in
promotion for the Scheduled Castes and the Scheduled Tribes. To carry out this, it was necessary
to amend Article 16 of the Constitution by inserting a new clause (4A) in the said Article to
provide for reservation in promotion for the Scheduled Castes and the Scheduled Tribes.
78. The Constitution (Seventy-eighth Amendment) Act, 1995—Article 31B of the
Constitution confers on the enactments included in the Ninth Schedule to the Constitution
immunity from legal challenge on the ground that they violate the fundamental rights enshrined
in Part III of the Constitution. The Schedule consists of list of laws enacted by various State
Governments and Central Government which, inter alia, affect rights and interest in property
including land.
In the past, whenever, it was found that progressive legislation conceived in the interest of
the public was imperilled by litigation, recourse was taken to the Ninth Schedule. Accordingly,
several State enactments relating to land reforms and ceiling on agricultural land holdings have
already been included in the Ninth Schedule. Since, the Government is committed to give
importance to land reforms, it was decided to include land reform laws in the Ninth Schedule so
that they are not challenged before the courts. The State Governments of Bihar, Karnataka,
Kerala, Orissa, Rajasthan, Tamilnadu and West Bengal had suggested the inclusion of some of
their Acts relating to land reforms in the Ninth Schedule.
Since the amendment to Acts which are already placed in the Ninth Schedule are not
automatically immunised from legal challenge, a number of amending Acts along with a few
principal Acts have been included in the Ninth Schedule so as to ensure that implementation of
these Acts is not adversely affected by litigation.