Dr. Ambedkar’s Speech on the word ‘Backward’ in draft Article 16(4)
30-11-1948 “Now, Sir, to come to the other question which has been agitating the members of this House, viz., the use of the word ‘backward” in clause (3) of Article…
Summary of the Conclusions of Justice Thommen in Indira Sawhney’s Case (1992)
Thomman J.1 Summary : (1) It is open to the State to adopt valid classification and make special provisions for the protection of classes of citizens whose comparative backwardness the…
Meaning of the Expression of ‘Reservation of appointments or posts’ under Article 16(4)
J. Thomman1 306. ‘Reservation of appointments or posts’ mentioned in Article 16(4) is with reference to appointments ‘in favour of any backward class of citizens which, in the opinion of…
The Doctrine of Affirmative Action- Justice Thomman in Indira Sawhney Case (1992)
Thomman J. 314. Reservation is the extreme limit to which the doctrine of affirmative action can be extended. Beyond the strict confines of clause (4) of Article 16, reservation in…
Social and Educational Backwardness- Justice Thomman in Indira Sawhney Case
THOMMEN, J.1 271. What is sought to be identified is not caste, religion and the like, but social and educational backwardness, generally manifested by disabilities such as illiteracy, humiliating isolation,…
Constitution (Scheduled Castes) Order, 1950
THOMMEN, J.1 269. The President of India issued the Constitution (Scheduled Castes) Order, 1950 relating to the States, and the Constitution (Scheduled Castes) Union Territories Order, 1951 relating to the…
Reservation under the Constitution
THOMMEN, J.1 262. The Constitution seeks to secure to all its citizens Justice, Liberty, Equality and Fraternity. These are the basic pillars on which the grand concept of India as…
The Concept of Reservation
THOMMEN, J.1 253. The fundamental question is, what is the raison d’etre of reservation and what are its limits. The Constitution permits the State to adopt such affirmative action as…
Exclusion of Creamy Layer in Reservation- Justice Thommen in Indira Sawhney Case (1992)
THOMMEN, J.1 298. The object of the special protection guaranteed by Articles 15(4) and 16(4) is promotion of the backward classes. Only those classes of citizens who are incapable of…
The Poverty as a Factor to Identify Backwardness- Justice Thommen in Indira Sawhney Case
THOMMEN, J.1 284. Poverty by itself is not the test of backwardness, for if it were so, most people in this country would be in a position to claim reservation.…