 bill no  21 of  2011 the constitution (amendment) bill, 2011by shri s semmalai, mpa bill further to amend the constitution of indiabe it enacted by parliament in the sixty-second year of the republic of india as follows:—short title1   this act may be called the constitution (amendment) act, 2011amendment of article 1552  after article 15 of the constitution, after clause (5), the following clause shall be inserted, namely:—"(6) any special provision referred to in clause (5) for reservation of seats in educational institutions for socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes made by any law by the state shall ensure that the quota of seats for socially and educationally backward classes and for the scheduled castes and scheduled tribes is, as far as possible, in accordance with their percentage to the total population in its jurisdiction"amendment of article 163 in article 16 of the constitution, after clause (4b), the following clause shall be inserted, namely:—5"(4c) nothing in this article shall prevent the state from making any provision for reservation in excess of fifty per cent of total number of posts, by law, in appointments or promotions to any classs or classes of posts, in services under state in favour of any socially and educationally backward class of citizens or for the scheduled castes or the scheduled tribes, if the population of the socially and educationally backward classes and the scheduled castes and the scheduled tribes exceeds fifty per cent of the total population in its jurisdiction" statement of objects and reasonsaffirmative action by the state for advancement of marginalized and deprived sections of the society is an ineluctable social necessity empirical and research studies conducted have invariably concluded that affirmative action programmes are beneficial to the under privileged persons despite enactment of several laws by the union and state governments and constitutional provisions, social and economic upliftment of weaker sections of the society continues to be a far cryafter the judgement of the apex court in indira sawhney v union of india (air 1993sc 477), several high courts in different states have struck down legislative measures, intended to improve the condition of the deprived sections of society, on the ground of violating the basic structure of the constitution as a matter of fact, no judicial ruling has so far clearly defined and demarcated "the basic structure of the constitution"in many states, the population of the scheduled castes and the scheduled tribes and other backward classes are in majority and therefore, the ceiling of fifty per cent (quantitative limitation) on reservation should be done away with for example, in the state of  tamil nadu, reservation to the extent of sixty-nine per cent has been provided to the persons belonging to the scheduled castes, scheduled tribes and other backward classes and it requires constitutional protectionunless sufficient safeguards are provided in the constitution, any affirmative action by the state towards improving the conditions of socially and educationally backward classes of citizens including the scheduled castes and the scheduled tribes in  the fields of education and employment will be set at naught by judicial intervention it is, therefore, proposed to amend the constitution with a view to enable the state to provide reservation in excess of fifty per cent of total number of seats and posts in favour of persons belonging to the other backward classes including the scheduled castes and the scheduled tribes in the matters of admission in educational institutions and in posts and services under the states for their progressive advancementhence this billnew delhi;s semmalaifebruary 15, 2011 annexure extract from the constitution of india part iii fundamental rights general15 (1) the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them(2) prohibition of discrimination on grounds of religion, race, caste, sex or place of birth(3) (4) (5)  nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the state from making any special provisions, by law, for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes 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 3016 (1) there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state(2) equality of opportunity in matters of public employment(3) (4) (4a) (4b) nothing in this article shall prevent the state from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4a) 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 are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year  lok  sabha———— a billfurther to amend the constitution of india————(shri s semmalai, mp)gmgipmrnd—7136ls(s3)—17-03-2011