Vertical Reservation and Horizontal Reservation: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 831. In this connection it is well to remember that the reservations under Article 16(4) do not operate like a communal reservation. It may well happen that…
To what extent can the reservation be made: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai (a) Whether the 50% rule enunciated in Balaji a binding rule or only a rule of caution or rule of prudence? (b) Whether the 50% rule, if…
Whether Backward Classes can be further divided into backward and more backward categories?: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 817. In Balaji (AIR 1963 Supreme Court 649) it was held “that the sub-classification made by the order between Backward Classes and more backward classes does not…
Whether a class should be situated similarly to the SC/ST for being qualified as a Backward Class?: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 811. In Balaji (AIR 1963 Supreme Court 649) it was held “that the backward classes for whose improvement special provision is contemplated by Article 15(4) are in…
‘Means’ test and ‘creamy layer’: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 807. ‘Means test’ in this discussion imposition of an income limit, for the purpose of excluding persons (from the backward class) whose income is above the said…
Whether the backwardness in Article 16(4) should be both social and educational? Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 802. The other aspect to be considered is whether the backwardness contemplated in Article 16(4) is social backwardness or educational backwardness or whether it is both social…
Identification of “backward class of citizens”: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 796. Now, we may turn to the identification of “backward class of citizens”. How do you go about it ? Where do you begin ? Is the…
Meaning of the Expression “Backward Classes” in view of Constituent Assembly Debates: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 786. We may now turn to Constituent Assembly debates with a view to ascertain the original intent underlying the use of words “backward class of citizens”. At…
The Meaning of the Expressions “Caste” and “Class” in Pre-Constitution India: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 773. At this stage, it would be fruitful to examine, how the words “caste” and “class” were understood in pre-Constitution India. We shall first refer to various…
Meaning of the expression “Backward Class of citizens” in Article 16(4): Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 756. In paragraphs 33 to 42, we have noticed how this court has been grappling with the problem over the years. In Venkataraman’s case (AIR 1951 Supreme…