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.…
Article 16 and 15(4)- Justice Thommen in Indira Sawhney (1992)
THOMMEN, J.1 287. Article 16 deals with equality of opportunity in matters of public employment. The kind of backwardness which is required to attract the special provisions protecting the backward…
To what extent can the reservation be made?
S. Ratnavael Pandian. J. 179. The next baffling question relates to the permissible extent of reservation in appointments. 180. It was for the first time that this Court in Balaji…
Whether the further classification as ‘Poorer Sections’ from and out of the identified SEBCs is permissible under Article 16(4)? – Indira Sawhney’s Case
S. Ratnavael Pandian. J. 194. The most important pivotal and crucial issue that I would now like to ponder over relates to the intent of para 2 (i) of the…
The Question of Creamy Layer in Indira Sawhney Case
S. Ratnavael Pandian. J. 223. A further submission has been made stating that the benefits of reservation are often snatched away of eaten up by top creamy layer of socially…
Does Reservation affect the efficiency in System? – Indira Sawhney’s Case
S. Ratnavael Pandian. J. “158. A programme of reservation may sacrifice merit but does not in any way sacrifice competence because the beneficiaries under Article 16(4) have to possess the…
The Grounds on which Mandal Commission Report was challanged in Indira Sawhney Case
The Mandal Commission Report that recommended reservation to backward Class, was attacked on various ground when it was challenged in Indira Sawhney Case. (Indira Sawhney v Union of India 1993…