Right to Equality in the Constitution: Justice B.P. Jeevan Reddy in Indira Sawhney (1992)
Justice BP Jeevan Reddy 641. Inasmuch as public employment always gave a certain status and power – it has always been the repository of State power – besides the means…
The Right to Equality in the Constitution: Justice B.P. Jeevan Reddy in Indira Sawhney (1992)
Justice BP Jeevan Reddy 635. Forty and three years ago was founded this republic with the fourfold objective of securing to its citizens justice, liberty, equality and fraternity. Statesmen of…
Criteria for Identifying Backward Classes: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 623. Reservation, for, ‘economically backward, sections of the people who are not covered by any of the existing schemes of reservations’, again, raises an important issue. De…
Reservation in Promotion: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 617. Promotion is the most sensitive branch of service jurisprudence. Although its purpose is manifold but the principal objective is, ‘to secure the best possible incumbents for…
Justice R.M. Sahai on the Theory of Equality and Classification: Indira Sawhney (1992)
Justice R.M. Sahai 613. Equality has various shades. Its understanding and application have been shaped by social, economic and political conditions prevailing in the society. The reigning philosophy since l8th…
Justice R.M. Sahai on Proportion of the Reservation: Indira Sawhney (1992)
Justice R.M. Sahai 609. Article 16(1), (2) and (4) is extracted below : “16. Equality of opportunity in matters of public employment. (1) There shall be equality of opportunity for…
How the Reservation should be given: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 606. After applying these tests, the economic criteria or the means test should be applied. Poverty is the prime cause of all backwardness. It generates social and…
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…