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…
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…
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…
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…
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…
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…
Justice P.B. Sawant Question V : Does Article 16(4) permit the classification of ‘Backward Classes’ into backward Classes and Most Backward Classes or permit classification among them based on economic…
Justice P.B. Sawant 512. The other aspect of the question is whether for the purposes of the percentage limit of the reservations under Article 16, the reservations made under clause…
Justice P.B. Sawant 509. In this connection, it is worth serious consideration whether reservations in the form of preference instead of exclusive quota should not be resorted to in the…
Justice P.B. Sawant 501. It is seen earlier that 50 per cent rule was propounded in Balaji. The rule was propounded in the context of Article 15(4), but, while propounding…
