Supreme Court Stay on Aravallis Judgment
Balancing Ecology, Law & Development
Whether Article 16(4) is exhaustive of the very concept of reservations?: Justice R.M. Sahai in Indira Sawhney (1992)
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…
Whether Article 16(4) is exhaustive of the concept of reservations in favour of backward classes?: Justice R.M. Sahai in Indira Sawhney (1992)
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…
Whether clause (4) of Article 16 is an exception to clause (1)?: Justice R.M. Sahai in Indira Sawhney (1992)
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…
Whether an executive order making a ‘provision’ under Article 16(4) is enforceable forthwith?: Justice R.M. Sahai in Indira Sawhney (1992)
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…
Whether the ‘provision’ in Article 16(4) must necessarily be made by the Parliament? Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 735. Sri K. K. Venugopal, learned counsel for the petitioner in writ petition No. 930 of 1990 submits that the “provision” contemplated by clause (4) of Article…
The Framing of Article 16-Debates in the Constituent Assembly
685. Draft Article 10 corresponds to Article 16. The debate in the Constituent Assembly on draft Article 10 and particularly Cl. (3), thereof (corresponding to Cl. (4) of Article 16)…
The Second Backward Classes Commission (Mandal Commission)
655. By an Order made by the President of India, in the year 1979, under Article 340 of the Constitution, a Backward Class Commission was appointed to investigate the conditions…
The First and Second Backward Classes Commissions
The First Backward Classes Commission (Kalelkar Commission) : 652. The proceedings of the Constituent Assembly on draft Article (10) disclose a persistent and strident demand from certain sections of the…
Part XVI of the Constitution: Special Provisions relating to certain Classes
647. Part XVI of the Constitution contains “special provisions relating to certain classes”. The “classes” for which special provisions are made are, Scheduled Castes, Scheduled Tribes and the Anglo-Indian Community.…