Justice R.M. Sahai on Caste in Indira Sawhney Case (1992)
Justice R.M. Sahai 576. ‘Caste is a reality’. Undoubtedly so are religion and race. Can they furnish basis for reservation of posts in services ? Is the State entitled to…
The Origin of the word ‘Backward Class’: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 573. Both the words ‘backward’ and ‘class’ thus are of very wide import. Assuming the two words as one and reading it as, ‘backward class’ the question…
Are Class and Caste the same? – Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 572. Can the word ‘class’ be understood as caste ? What does the word ‘class’ mean ? According to dictionary it means ‘division of society according to…
Identification of Backward Class: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 567. Thus the real issue is not the reservation but identification. Who, then, are the, ‘backward class of citizens ? What is the meaning of the word,…
Compensatory or remedial measures for lesser fortunate: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 565. Compensatory or remedial measures for lesser fortunate are thus not, ipso facto, violative of equal opportunity as our society was founded not on abstract theory that…
Affirmative Action under Article 16(1) and (4): Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 561. Article 16(1) is a right created constitutionally in favour of all citizens and anyone is entitled to approach the courts against violation of his right by…
The Power of Judicial Review of the Supreme Court: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 558. Today the ‘political thicket’ has been entered with Baker v. Carr, (1962) 369 US 186 and Davis’ v. Bandemer, (1986) 54 USLW 4898 even, in America…
Reservation in Promotion: Justice PB Sawant in Indira Sawhney (1992)
Justice P.B. Sawant Question VIII: Would reservation of appointments or posts “in favour of any Backward Class” be restricted to the initial appointment to the post or would it extend…
Can Court determine the percentage of Reservation: Justice PB Sawant in Indira Sawhney (1992)
Justice P.B. Sawant Question VII: Will the extent of judicial review be limited or restricted in regard to the Identification of Backward Classes and the percentage of reservations made for…
Can Reservation be granted by executive Order? Justice PB Sawant in Indira Sawhney (1992)
Justice P.B. Sawant Question VI: Would making “any provision” under Article 16 (4) for reservation “by the State” necessarily have to be by law made by the legislatures of the…