The Origin of Caste in India- Justice P.B. Sawant in Indira Sawhney (1992)
P.B. Sawant, J. 400. Because of its pernicious caste system which may truly be described as its original sin, the Indian Society has, for ages, remained stratified. The origin of…
The Influence of Contemporary Issues on the Courts- Justice P.B. Sawant in Indira Sawhney (1992)
P.B. Sawant, J. 397. In a legal system where the Courts are vested with the power of judicial review, on occasions issues with social, political and economic overtones come up…
The Summary of the Conclusions of Justice Kuldeep Singh’s Judgment in Indira Sawhney Case (1992)
Justice Kuldeep Singh 395. Based on the, reasoning and the conclusions reached by me in Paras ‘A’ to ‘K’ of the judgment, I order and direct as under: – (i)…
Identification of Castes in Mandal Report- Justice Kuldeep Singh Judgment in Indira Sawhney (1992)
Justice Kuldeep Singh 394. Legal aspects arising out of Article 16(4) have been discussed and decided. Finally, we have to examine the process of identification of the backward classes and…
Below Poverty Line Criteria to Identify Backward Class- Justice Kuldeep Singh in Indira Sawhney (1992)
Justice Kuldeep Singh 387. Whether a group of citizens living below poverty line or under poverty-conditions can be considered a backward class under Article 16(4) ? In other words can…
The Discussion of ‘Means-Test’ in Justice Kuldeep Singh Judgment in Indira Sawhney (1992)
Justice Kuldeep Singh 386. The protective discrimination in the shape of job-reservations has to be programmed in such a manner that the most deserving section of the backward class is…
The Reservation under Article 16(1)- Justice Kuldeep Singh in Indira Sawhney (1992)
Justice Kuldeep Singh 383. Article 16(1) provides equality of opportunity for all citizens in matters relating to State-services. Equals have to be treated equally whereas the unequals ought not to…
Whether the Article 16(4) provide reservation even in Promotion? – Justice Kuldeep Singh in Indira Sawhney (1992)
Justice Kuldeep Singh 373. The next question for consideration is whether Article 16(4) provides reservation of appointments or posts at the stage of initial entry to Government services or even…
The Other Mediums to Help the Backward Class Other Than Reservation- Justice Kuldeep Singh in Indira Sawhney (1992)
Justice Kuldeep Singh 372. Before parting with the subject I may say that the successive Governments, whether in the States or at the Centre, have been remiss in the discharge…
The meaning of the expression ‘Adequate Representation’ under Article 16(4)- Justice Kuldeep Singh in Indira Sawhney (1992)
Kuldip Singh, J. 360. Over a period of four decades this Court under a mistaken view read the expression “any backward class of citizens” in Article 16(4) to mean the…