Justice R.M. Sahai 807. ‘Means test’ in this discussion imposition of an income limit, for the purpose of excluding persons (from the backward class) whose income is above the said…
Justice R.M. Sahai 802. The other aspect to be considered is whether the backwardness contemplated in Article 16(4) is social backwardness or educational backwardness or whether it is both social…
Justice R.M. Sahai 796. Now, we may turn to the identification of “backward class of citizens”. How do you go about it ? Where do you begin ? Is the…
Justice R.M. Sahai 786. We may now turn to Constituent Assembly debates with a view to ascertain the original intent underlying the use of words “backward class of citizens”. At…
Justice R.M. Sahai 773. At this stage, it would be fruitful to examine, how the words “caste” and “class” were understood in pre-Constitution India. We shall first refer to various…
Justice R.M. Sahai 756. In paragraphs 33 to 42, we have noticed how this court has been grappling with the problem over the years. In Venkataraman’s case (AIR 1951 Supreme…
Justice R.M. Sahai 744. The aspect next to be considered is whether clause (4) is exhaustive of the very concept of reservations? In other words, the question is whether any…
Justice R.M. Sahai 743. The question then arises whether clause (4) of Article 16 is exhaustive of the topic of reservations in favour of backward classes. Before we answer this…
Justice R.M. Sahai 741. In Balaji (AIR 1963 Supreme Court 649) it was held – “there is no doubt that Article 15(4) has to be read as a proviso or…
Justice R.M. Sahai 738. A question is raised whether an executive order made in terms of Article 16(4) is effective and enforceable by itself or whether it is necessary that…
