Justice R.M. Sahai on Role of Caste in the Society in Indira Sawhney (1992)
Justice R.M. Sahai Article 25 is pride of our democracy. But that cannot be basis of State activities. May be caste is being exploited for political ends. Chinnappa Reddy, J.…
State Power to Make Reservation under Article 16(4): Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 589. Use of expression, ‘nothing in this Article shall prevent Parliament’ in Article 16(4) cannot be read as empowering the State to make reservation under Article 16(4)…
Meaning of Socially and Educationally Backwardness: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 581. From out of various backward class of citizens who could be provided protection under Article 16(4) the President has been empowered by Article 340 to appoint…
Caste as a Criteria for Identification of Backwardness: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 578. Caste has never been accepted by this Court as exclusive or sole criteria for determination or identification of backward class. That is why the communal Government…
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…