The Meaning of ‘Class’ and ‘Caste’- Indira Sawhney Case
In Indira Sawhney v. Union of India (1992), while stating that the caste cannot be a sole factor for determining the backwardness, the Supreme Court made an analysis on the…
The Rise of Corporate Criminal Liability: Holding Companies Accountable for White-Collar Crimes
The shift of corporate entities from simple economic actors to significant players in social,political, and legal matters has sparked discussions
Whether a particular class of citizens is backward or not is a justiciable one- Triloki Nath Case
Article 16(4) expressly permits the State to make any provision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of…
Why Article 15(4) was inserted in the Constitution? – A Brief History
The Government of Tamil Nadu issued a Communal G.O. in 1927 making compartmental reservation of posts for various communities. Subsequently the G. O. was revised. In 1950 one Smt. Champakam…
Appointment of Commissions in India for Identifying Backward Classes
For providing reservations for backward class of citizens, Scheduled Castes and Scheduled Tribes in the public educational institutions and for providing equal opportunity in the matters of public employment, Central…
Fundamental Rights those aspire for egalitarian Society
S. Ratnavael Pandian. J. Part-III dealing with ‘Fundamental Rights’ and Part-IV dealing with ‘Directive Principles of State Policy’ which represent the core of the Indian Constitutional philosophy envisage the methodology…
Indira Sawhney-I- What were the facts of the Writ Petitions?
For giving effective implementation to clause (4) of Article 16 that provides equality of opportunity in matters of public employment to people belonging to any backward class, number of Backward…
The Prologue of Indira Sawhney-I Judgment by Justice S.R. Pandian
S. Ratnavael Pandian. J. Equality of status and of opportunity…….’ the rubric chiselled in the luminous preamble of our vibrating and pulsating Constitution radiates one of the avowed objectives in…
Does Article 14 also apply to Foreigners?
Article 14 runs as follows :- “The State shall not deny to any Person equality before the law or the equal protection of the laws within the territory of India.”…
Can Fundamental Rights be Waived? – Basheshar Nath Case
The case of Basheshar Nath v. Commissioner of Income-tax, Delhi and Rajasthan and another (1958) is a landmark case on the question whether a person can waive his fundamental rights…