Advocatetanmoy Law Library
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 review.
