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…
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…
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…
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…
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…
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…
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…
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…
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)…
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…
