76. The Constitution (Seventy-sixth Amendment) Act, 1994—The policy of reservation of seats in educational institutions and reservation of appointments or posts in public services for Backward Classes, Scheduled Castes and Scheduled Tribes has had a long history in Tamilnadu dating back to the year 1921. The extent of reservation has been increased by the State Government from time to time, consistent with the needs of the majority of the people and it has now reached the level of 69 per cent (18 per cent Scheduled Castes, one per cent Scheduled Tribes and 50 per cent Other Backward Classes). 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 review77. 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 judgment 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.
79. The Constitution (Seventy-ninth Amendment) Act, 1999—By this Act the Government has extended the reservations of seats for the Scheduled Castes and the Scheduled Tribes as well as for the Anglo-Indians in the House of the People and in the Legislative Assemblies of the States for another ten years.
80. The Constitution (Eightieth Amendment) Act, 2000—Based on the recommendations of the Tenth Finance Commission, an alternative scheme for sharing taxes between the Union and the States has been enacted by the Constitution (Eightieth Amendment) Act 2000. Under the new scheme of devolution of revenue between Union and the States, 26 per cent out of gross proceeds of Union taxes and duties is to be assigned to the States in lieu of their existing share in the income-tax, excise duties, special excise duties and grants in lieu of tax on railway passenger fares.
81. The Constitution (Eighty-first Amendment) Act, 2000—By this amendment the unfilled vacancies of a year which were reserved for the Scheduled Castes and the Scheduled Tribes for being filled up in that year in accordance with any provision for reservations made under Article 16 of the Constitution, shall be considered as a separate class of vacancies to be filled up in any succeeding year or years, and such class of vacancies shall not be considered together with the vacancies of the year in which they were filled up for determining the ceiling of fifty per cent reservation against total number of vacancies of that year.
82. The Constitution (Eighty-second Amendment) Act, 2000—The amendment provides that nothing in Article 335 shall prevent the State from making any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination orlowering the standards of evaluation for reservation in matters of promotion to any class or classes of services or posts in connection with affairs of the Union or of a State.
83. The Constitution (Eighty-third Amendment) Act, 2000—The Act amended Acticle 243M of the Constitution to provide that no reservation in Panchayats need be made in favour of the Scheduled Castes in Arunachal Pradesh wholly inhabited by tribal population.
84. The Constitution (Eighty-fourth Amendment) Act, 2001—The Act amended provisos to articles 82 and 170(3) of the Constitution to readjust and rationalise the territorial constitutencies in the States, without altering the number of seats allotted to each State in House of People and Legislative Assemblies of the States, including the Scheduled Castes and Scheduled Tribes constituencies, on the basis of the population ascertained at the census for the year 1991 so as to remove the imbalance caused due to uneven growth of population/electorate in different constituencies. It is also to refix the number of seats reserved for the Scheduled Castes and the Scheduled Tribes in the House of the People and the Legislative Assemblies of the States on the basis of the population ascertained at the census for the year 1991 so as to remove the imbalance caused due to uneven growth of population/electorate in different constituencies. It is also to refix the number of seats reserved for Scheduled Castes and the Scheduled Tribes in the House of the People and the Legislative Assemblies of the States on the basis of the population ascertained at the census for the year 1991.