Can Reservation be granted by executive Order? Justice PB Sawant in Indira Sawhney (1992)
Justice P.B. Sawant Question VI: Would making “any provision” under Article 16 (4) for reservation “by the State” necessarily have to be by law made by the legislatures of the…
Sub-Classification of Caste: Justice PB Sawant in Indira Sawhney (1992)
Justice P.B. Sawant Question V : Does Article 16(4) permit the classification of ‘Backward Classes’ into backward Classes and Most Backward Classes or permit classification among them based on economic…
Reservation in Clause (1) and (4) of Article 16: Justice PB Sawant in Indira Sawhney (1992)
Justice P.B. Sawant 512. The other aspect of the question is whether for the purposes of the percentage limit of the reservations under Article 16, the reservations made under clause…
Reservation in the Profession of Teaching: Justice PB Sawant in Indira Sawhney (1992)
Justice P.B. Sawant 509. In this connection, it is worth serious consideration whether reservations in the form of preference instead of exclusive quota should not be resorted to in the…
The 50 Percent Reservation Rule: Justice PB Sawant in Indira Sawhney (1992)
Justice P.B. Sawant 501. It is seen earlier that 50 per cent rule was propounded in Balaji. The rule was propounded in the context of Article 15(4), but, while propounding…
Whether the reservation for economically weaker section is covered by Article 16(1)? – Justice PB Sawant in Indira Sawhney (1992)
Justice P.B. Sawant Question III : If economic criterion by itself could not constitute a Backward Class under Article 16(4), whether reservation of posts in services under the State, based…
Whether the Backward Class means Economically Weaker Section? Justice PB Sawant in Indira Sawhney (1992)
Justice P.B. Sawant 480. The next issue arising out of this question is whether economic criterion by itself would identify the backward classes under Article 16(4) and whether the expression…
The Analysis of Caste Existence in Indian Religions- Justice PB Sawant in Indira Sawhney (1992)
Justice P.B. Sawant 475. It is further not correct to say that the caste system is prevalent only among the Hindus, and other religions are free from it. Jains have…
Meaning of the Expression ‘Backward Class’ under Article 16(4)- Justice PB Sawant in Indira Sawhney (1992)
Justice P.B. Sawant Question II : What would be the content of the phrase “Backward Class” in Article 16(4) of the Constitution and whether caste by itself could constitute a…
Reservation for ‘Backward Class’ under Article 16(4)- Justice PB Sawant in Indira Sawhney (1992)
Justice P.B. Sawant 427. As has been pointed out earlier, Article 16(4) does not use the expression “Socially and Economically Backward Classes”. Instead it uses the expression “Backward Class of…