Identification of “backward class of citizens”: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 796. Now, we may turn to the identification of “backward class of citizens”. How do you go about it ? Where do you begin ? Is the…
Meaning of the Expression “Backward Classes” in view of Constituent Assembly Debates: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 786. We may now turn to Constituent Assembly debates with a view to ascertain the original intent underlying the use of words “backward class of citizens”. At…
The Meaning of the Expressions “Caste” and “Class” in Pre-Constitution India: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 773. At this stage, it would be fruitful to examine, how the words “caste” and “class” were understood in pre-Constitution India. We shall first refer to various…
Meaning of the expression “Backward Class of citizens” in Article 16(4): Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 756. In paragraphs 33 to 42, we have noticed how this court has been grappling with the problem over the years. In Venkataraman’s case (AIR 1951 Supreme…
Whether Article 16(4) is exhaustive of the very concept of reservations?: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 744. The aspect next to be considered is whether clause (4) is exhaustive of the very concept of reservations? In other words, the question is whether any…
Whether Article 16(4) is exhaustive of the concept of reservations in favour of backward classes?: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 743. The question then arises whether clause (4) of Article 16 is exhaustive of the topic of reservations in favour of backward classes. Before we answer this…
Whether clause (4) of Article 16 is an exception to clause (1)?: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 741. In Balaji (AIR 1963 Supreme Court 649) it was held – “there is no doubt that Article 15(4) has to be read as a proviso or…
Whether an executive order making a ‘provision’ under Article 16(4) is enforceable forthwith?: Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 738. A question is raised whether an executive order made in terms of Article 16(4) is effective and enforceable by itself or whether it is necessary that…
Whether the ‘provision’ in Article 16(4) must necessarily be made by the Parliament? Justice R.M. Sahai in Indira Sawhney (1992)
Justice R.M. Sahai 735. Sri K. K. Venugopal, learned counsel for the petitioner in writ petition No. 930 of 1990 submits that the “provision” contemplated by clause (4) of Article…
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)…