INTRODUCTION

Reservation as a term is really broad. Different individuals interpret reservation in various ways.
One interpretation of reservation as a general term is that an anti-poverty step is reservation.
There is another view that reservation is simply a right of access and that it is not a right of
redress. Most argue the reservation is not part of affirmative action, while others argue it is part
of affirmative action. The term" reservation "has been inserted into Article 16(4) of our
constitution and is not included in Article 15(4). The word 'reservation' as the subject-matter of
Article 16(4) varies, thus, from the word 'reservation' as the general definition.1

After the majority judgement of the Supreme Court, Article 16(4-A) was introduced into the
Constitution by the Constitution (77th amendment) Act by a bench of nine judges in Indira
Sawhney v / s. India's union and others.

Article 16(4A), read in accordance with Article 16(1) and Article 14, grants the right to promote
the Dalits and Tribes as a constitutional right if they do not regularly have sufficient
representation and efficiency in administration. Article 16(4A) came into effect on or after 17
June 1995.

This clause reads as:

“(4A) 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 the favour
of the Scheduled Tribe and the Scheduled caste which, in the opinion of the state, are not
adequately represented in the services under the state” .In order to transcend caste and not to
perpetuate it, reservation is required. Reservations must be used in a restricted way, otherwise
casteism in the country would be encouraged. A special reason underwrites the reservation.
Equality is individual-specific in Article 16(1), while reservation is appropriate in Article 16(4)

1
https://www.scobserver.in/the-desk/reservation-in-promotion?slug=article-16-4a-77th-amendment
and Article 16(4-A). The discretion of the state is, however, subject to the presence in public jobs
of "backwardness" and "inadequacy of representation." Backwardness needs to be based on
objective variables, whereas inadequacy has to occur factually.

Equity, fairness and merit / efficiency, as mentioned above, are variables that can only be defined
and calculated by the state. Therefore, based on various situations that might occur state wise, a
contextual case needs to be made out of each case. It therefore differs from state to state, but as
held in Indra Sawahney and R. K. Sabharwalalal judgments, it does not stretch above 50
percent.

Clause (4-A) follows the pattern laid down in Article 16 in clauses (3 ) and ( 4). Article 16,
Clause (4-A), stresses the view of the States on the adequacy of representation. In a suitable
situation, it gives the state liberty to provide for reservation in matters of promotion to any class
or class of posts in the services, depending on the ground reality. The State must formulate its
opinion on quantifiable data on the adequacy of representation.2

In Article 16, Clause (4-A) is an enabling provision. It allows the state the right to make
reservations for the matters of promotion. Clause (4-A) of Article 16 refers only to SCs and STs.
The above clause is part of Article 16(4). Clause (4-A) would therefore be regulated by the two
valid grounds referred to in Article 16(4): "backwardness" and "inadequacy of representation". In
the absence of those two factors, the enabling provisions do not enter into effect. The state can
make reservation provisions only if the above circumstances exist.3

The court claimed in Ajit Singh (II) that the state must also bear in mind "overall efficiency"
apart from "backwardness" and "inadequacy of representation." Therefore, in providing
reservations for promotion for SCs and STs, all three variables must be taken into account by the
appropriate government.

2
http://legislative.gov.in/constitution-eighty-first-amendment-act
3
https://www.thehindu.com/opinion/lead/a-blow-against-social-justice/article30975762.ece