85th Constitutional Amendment Act, 2001 – Consequential Seniority for SC/ST Promotions

Syllabus: Constitution (UPSC GS II)

The 85th Amendment Act, 2001 strengthened reservation in promotions for Scheduled Castes (SCs) and Scheduled Tribes (STs) by introducing the concept of “consequential seniority¹.” It amended Article 16(4A) and was applied retrospectively from 17 June 1995.

Earlier, the “catch-up rule” allowed general category employees promoted later (without reservation) to regain seniority over SC/ST employees who were promoted earlier through reservation. The 85th Amendment nullified this rule.

Purpose

• To ensure effective representation of SC/STs in higher posts.
• To allow reservation in promotion along with consequential seniority, removing barriers created by judicial interpretations.

Mechanism

• Article 16(4A) was amended to explicitly include the phrase “with consequential seniority.”
• This enabled SC/ST candidates promoted through reservation to retain seniority from the date of promotion.

Effect

• SC/ST employees promoted through reservation rank senior to non-reserved category employees promoted later.
• The amendment applies retrospectively from June 1995, ensuring past promotions also receive the benefit of seniority.

Legal Position

• The amendment was challenged in M. Nagaraj vs Union of India (2006).
• The Supreme Court upheld its constitutional validity, but laid down conditions for states:
  1. Quantifiable data on backwardness,
  2. Inadequacy of representation,
  3. Maintenance of administrative efficiency (Article 335).

1. Question Reference
   (HPAS PYQ 2025) ↩︎