The Framing of Article 16-Debates in the Constituent Assembly
685. Draft Article 10 corresponds to Article 16. The debate in the Constituent Assembly on draft Article 10 and particularly Cl. (3), thereof (corresponding to Cl. (4) of Article 16)…
The Second Backward Classes Commission (Mandal Commission)
655. By an Order made by the President of India, in the year 1979, under Article 340 of the Constitution, a Backward Class Commission was appointed to investigate the conditions…
The First and Second Backward Classes Commissions
The First Backward Classes Commission (Kalelkar Commission) : 652. The proceedings of the Constituent Assembly on draft Article (10) disclose a persistent and strident demand from certain sections of the…
Part XVI of the Constitution: Special Provisions relating to certain Classes
647. Part XVI of the Constitution contains “special provisions relating to certain classes”. The “classes” for which special provisions are made are, Scheduled Castes, Scheduled Tribes and the Anglo-Indian Community.…
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…