Justice R.M. Sahai 831. In this connection it is well to remember that the reservations under Article 16(4) do not operate like a communal reservation. It may well happen that…
Justice R.M. Sahai (a) Whether the 50% rule enunciated in Balaji a binding rule or only a rule of caution or rule of prudence? (b) Whether the 50% rule, if…
Justice R.M. Sahai 817. In Balaji (AIR 1963 Supreme Court 649) it was held “that the sub-classification made by the order between Backward Classes and more backward classes does not…
Justice R.M. Sahai 811. In Balaji (AIR 1963 Supreme Court 649) it was held “that the backward classes for whose improvement special provision is contemplated by Article 15(4) are in…
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…
