Talk:Constitution of India/Part III
Article 31C to be corrected[edit]
The applicable Article 31C after the supreme court judgements is as given below as acknowledged by GoI.[1] It is requested to change the main page content accordingly.
Article 31C {Saving of laws giving effect to certain directive principles}
Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing the principles specified in clause (b) or clause (c) of article 39 shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19;
Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.
Changes made to Articles 15 and 16 following the relevant Constitutional Amendments.[edit]
The Constitution (85th Amendment) Act, 2001 provided for ‘consequential seniority’ in the case of promotion by the virtue of rule of reservation for the government servants belonging to the SCs and STs with retrospective effect from June 1995.List of Amendments catalogued by Jagran national daily
The amendment has substituted, in clause (4A) of Article 16 of the Constitution, for the words ”in matters of promotion to any class” the words ”in matters of promotion, with consequential seniority, to any class”.Constitution of India
The Constitution (103rd Amendment) Act, 2019 has added, to each of Article 15 and 16, a clause (6) to provide for reservations under economic criterion.
In article 15 of the Constitution, after clause (5), the following clause shall be inserted, namely:— ‘(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,— (a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and (b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category. Explanation.—For the purposes of this article and article 16, "economically weaker sections" shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.’.
In article 16 of the Constitution, after clause (5), the following clause shall be inserted, namely:— "(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category.".
- ↑ Constitution of India (PDF). Ministry of Law and Justice, Government of India. 1 December 2007. p. 26. Retrieved 27 May 2013.