BLOGS

Justice R.M. Sahai on Role of Caste in the Society in Indira Sawhney (1992)

Justice R.M. Sahai [1] Article 25 is pride of our democracy. But that cannot be basis of State activities. May ...

State Power to Make Reservation under Article 16(4): Justice R.M. Sahai in Indira Sawhney (1992)

Justice R.M. Sahai [1] 589. Use of expression, 'nothing in this Article shall prevent Parliament' in Article 16(4) cannot be ...

Meaning of Socially and Educationally Backwardness: Justice R.M. Sahai in Indira Sawhney (1992)

Justice R.M. Sahai [1] 581. From out of various backward class of citizens who could be provided protection under Article ...

Caste as a Criteria for Identification of Backwardness: Justice R.M. Sahai in Indira Sawhney (1992)

Justice R.M. Sahai [1] 578. Caste has never been accepted by this Court as exclusive or sole criteria for determination ...

Justice R.M. Sahai on Caste in Indira Sawhney Case (1992)

Justice R.M. Sahai [1] 576. 'Caste is a reality'. Undoubtedly so are religion and race. Can they furnish basis for ...

The Origin of the word ‘Backward Class’: Justice R.M. Sahai in Indira Sawhney (1992)

Justice R.M. Sahai [1] 573. Both the words 'backward' and 'class' thus are of very wide import. Assuming the two ...

Are Class and Caste the same? – Justice R.M. Sahai in Indira Sawhney (1992)

Justice R.M. Sahai [1] 572. Can the word 'class' be understood as caste ? What does the word 'class' mean ...

Identification of Backward Class: Justice R.M. Sahai in Indira Sawhney (1992)

Justice R.M. Sahai [1] 567. Thus the real issue is not the reservation but identification. Who, then, are the, 'backward ...

Compensatory or remedial measures for lesser fortunate: Justice R.M. Sahai in Indira Sawhney (1992)

Justice R.M. Sahai [1] 565. Compensatory or remedial measures for lesser fortunate are thus not, ipso facto, violative of equal ...

Affirmative Action under Article 16(1) and (4): Justice R.M. Sahai in Indira Sawhney (1992)

Justice R.M. Sahai [1] 561. Article 16(1) is a right created constitutionally in favour of all citizens and anyone is ...

The Power of Judicial Review of the Supreme Court: Justice R.M. Sahai in Indira Sawhney (1992)

Justice R.M. Sahai [1] 558. Today the 'political thicket' has been entered with Baker v. Carr, (1962) 369 US 186 ...

Reservation in Promotion: Justice PB Sawant in Indira Sawhney (1992)

Justice P.B. Sawant[1] Question VIII: Would reservation of appointments or posts "in favour of any Backward Class" be restricted to ...

Can Court determine the percentage of Reservation: Justice PB Sawant in Indira Sawhney (1992)

Justice P.B. Sawant[1] Question VII: Will the extent of judicial review be limited or restricted in regard to the Identification ...

Can Reservation be granted by executive Order? Justice PB Sawant in Indira Sawhney (1992)

Justice P.B. Sawant[1] Question VI: Would making "any provision" under Article 16 (4) for reservation "by the State" necessarily have ...

Sub-Classification of Caste: Justice PB Sawant in Indira Sawhney (1992)

Justice P.B. Sawant[1] Question V : Does Article 16(4) permit the classification of 'Backward Classes' into backward Classes and Most ...

Reservation in Clause (1) and (4) of Article 16: Justice PB Sawant in Indira Sawhney (1992)

Justice P.B. Sawant[1] 512. The other aspect of the question is whether for the purposes of the percentage limit of ...

Reservation in the Profession of Teaching: Justice PB Sawant in Indira Sawhney (1992)

Justice P.B. Sawant[1] 509. In this connection, it is worth serious consideration whether reservations in the form of preference instead ...

The 50 Percent Reservation Rule: Justice PB Sawant in Indira Sawhney (1992)

Justice P.B. Sawant[1] 501. It is seen earlier that 50 per cent rule was propounded in Balaji. The rule was ...

Whether the reservation for economically weaker section is covered by Article 16(1)? – Justice PB Sawant in Indira Sawhney (1992)

Justice P.B. Sawant[1] Question III : If economic criterion by itself could not constitute a Backward Class under Article 16(4), ...

Whether the Backward Class means Economically Weaker Section? Justice PB Sawant in Indira Sawhney (1992)

Justice P.B. Sawant[1] 480. The next issue arising out of this question is whether economic criterion by itself would identify ...