The Constitution (77th Amendment) Act, 1995

The 77th Amendment (1995) restored reservation in promotions for SCs/STs after the Indra Sawhney ruling, ensuring their adequate representation in government services.

The Constitution (Seventy-Seventh Amendment) Act, 1995

Syllabus: Constitution (UPSC GS II)

Introduction

The 77th Constitutional Amendment Act, 1995 was introduced in the Lok Sabha on May 31, 1995, and came into effect on June 17, 1995, during the tenure of Prime Minister P.V. Narasimha Rao.
It allowed reservation in promotions¹ for Scheduled Castes (SCs) and Scheduled Tribes (STs) in government jobs.

Background

India’s policy of reservation for socially and educationally disadvantaged groups is one of the oldest affirmative action programs in the world. It began soon after independence and was meant to ensure equality and representation for weaker sections.

Even before 1947, both the British administration and Indian princely states had initiated steps to provide representation to lower castes in education and public services.

After independence:

In 1954, the Education Ministry advised states to reserve 20% seats for SCs and STs in educational institutions and to relax 5% marks for admission.
The University Grants Commission (UGC) in 1982 increased reservations in higher education to 7.5% for SCs and STs.

Constitutional Provisions Supporting Reservation

Article 15(4): Allows the State to make special provisions for socially and educationally backward classes, including SCs and STs.
Article 16(4): Permits reservation in appointments or posts for backward classes not adequately represented in public services.
Article 46 (DPSP): Directs the State to promote the educational and economic interests of weaker sections and protect them from exploitation.

Indra Sawhney Case (1992) and the Need for Amendment

In the Indra Sawhney vs. Union of India (1992) case (popularly known as the Mandal Commission case), the Supreme Court:

Upheld the 27% reservation for OBCs but ruled that reservations in promotions were unconstitutional.
However, it allowed such reservations to continue for five years as a temporary measure.
The Court also stated that reservations cannot exceed 50% overall (though states like Tamil Nadu still exceed this limit).

As this five-year window was about to end, the government decided to amend the Constitution to continue reservation in promotions for SCs and STs.

Key Provision of the 77th Amendment

A new clause, Article 16(4A), was inserted:

“Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.”

This allowed the State to continue providing promotional reservations for SCs and STs to ensure their adequate representation in public employment.

Significance

Ensured continued representation of SCs and STs in higher administrative posts.
Reaffirmed the government’s commitment to social justice and equality.
Became the foundation for subsequent amendments like the 85th Amendment (2001), which restored consequential seniority in promotions.

In summary:
The 77th Amendment of 1995 constitutionally enabled reservation in promotions for SCs and STs, overcoming the restriction imposed by the Indra Sawhney judgment, and reaffirmed India’s commitment to inclusive representation in public services.