Justice R.M. Sahai 589. Use of expression, ‘nothing in this Article shall prevent Parliament’ in Article 16(4) cannot be read as empowering the State to make reservation under Article 16(4)…
Justice R.M. Sahai 581. From out of various backward class of citizens who could be provided protection under Article 16(4) the President has been empowered by Article 340 to appoint…
Justice R.M. Sahai 578. Caste has never been accepted by this Court as exclusive or sole criteria for determination or identification of backward class. That is why the communal Government…
Justice R.M. Sahai 576. ‘Caste is a reality’. Undoubtedly so are religion and race. Can they furnish basis for reservation of posts in services ? Is the State entitled to…
Justice R.M. Sahai 573. Both the words ‘backward’ and ‘class’ thus are of very wide import. Assuming the two words as one and reading it as, ‘backward class’ the question…
Justice R.M. Sahai 572. Can the word ‘class’ be understood as caste ? What does the word ‘class’ mean ? According to dictionary it means ‘division of society according to…
Justice R.M. Sahai 567. Thus the real issue is not the reservation but identification. Who, then, are the, ‘backward class of citizens ? What is the meaning of the word,…
Justice R.M. Sahai 565. Compensatory or remedial measures for lesser fortunate are thus not, ipso facto, violative of equal opportunity as our society was founded not on abstract theory that…
Justice R.M. Sahai 561. Article 16(1) is a right created constitutionally in favour of all citizens and anyone is entitled to approach the courts against violation of his right by…
Justice R.M. Sahai 558. Today the ‘political thicket’ has been entered with Baker v. Carr, (1962) 369 US 186 and Davis’ v. Bandemer, (1986) 54 USLW 4898 even, in America…
