Meaning of the Expression ‘The Backward Class’ under Article 16(4)- Justice Kuldeep Singh in Indira Sawhney (1992)
Kuldip Singh, J. 353. The expression “……any backward class of citizens ……”in Article 16(4) of the Constitution as understood till date means ‘socially and educationally backward class’. In Janki Prasad…
Obliteration of Caste System under Indian Constitution- Justice Kuldeep Singh in Indira Sawhney (1992)
Kuldip Singh, J. 340. Secularism is the basic feature of the Indian Constitution. It envisages a cohesive, unified and casteless society. The Constitution has completely obliterated the caste-system and has…
Caste System in Hindu Religion- Justice Kuldeep Singh in Indira Sawhney (1992)
Kuldip Singh, J. 333. Caste-system in this country is sui generis to Hindu religion. The Hindu-orthodoxy believes that an early hymn in the Rigveda (the Purusasukta :- 10.90) and the…
The Judgment of Justice Kuldeep Singh in Indira Sawhney’s Case- The Points on which he dissented
Kuldip Singh, J. 329. The Government action on the Mandal Report evoked spontaneous reaction all over the country. The controversy brought to the fore important constitutional issues for the determination…
Dr. Ambedkar’s Speech on the word ‘Backward’ in draft Article 16(4)
30-11-1948 “Now, Sir, to come to the other question which has been agitating the members of this House, viz., the use of the word ‘backward” in clause (3) of Article…
Summary of the Conclusions of Justice Thommen in Indira Sawhney’s Case (1992)
Thomman J.1 Summary : (1) It is open to the State to adopt valid classification and make special provisions for the protection of classes of citizens whose comparative backwardness the…
Meaning of the Expression of ‘Reservation of appointments or posts’ under Article 16(4)
J. Thomman1 306. ‘Reservation of appointments or posts’ mentioned in Article 16(4) is with reference to appointments ‘in favour of any backward class of citizens which, in the opinion of…
The Doctrine of Affirmative Action- Justice Thomman in Indira Sawhney Case (1992)
Thomman J. 314. Reservation is the extreme limit to which the doctrine of affirmative action can be extended. Beyond the strict confines of clause (4) of Article 16, reservation in…
Social and Educational Backwardness- Justice Thomman in Indira Sawhney Case
THOMMEN, J.1 271. What is sought to be identified is not caste, religion and the like, but social and educational backwardness, generally manifested by disabilities such as illiteracy, humiliating isolation,…
Constitution (Scheduled Castes) Order, 1950
THOMMEN, J.1 269. The President of India issued the Constitution (Scheduled Castes) Order, 1950 relating to the States, and the Constitution (Scheduled Castes) Union Territories Order, 1951 relating to the…