JUDGMENT

R.F. Nariman, J.

1. The present group of cases arises out of two reference orders – the first by a two-Judge Bench referred to in a second reference order, dated 15.11.2017, which is by a three-Judge Bench, which has referred the correctness of the decision in M. Nagaraj v. Union of India, (2006) 8 SCC 212, (“Nagaraj”), to a Constitution Bench.

2. The controversy in these matters revolves around the interpretation of the following Articles of the Constitution of India:

“16. Equality of opportunity in matters of public employment.—

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(4-A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

(4-B) 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 (4-A) as a separate class of