Justice P.B. Sawant Question VI: Would making “any provision” under Article 16 (4) for reservation “by the State” necessarily have to be by law made by the legislatures of the…
Justice P.B. Sawant Question V : Does Article 16(4) permit the classification of ‘Backward Classes’ into backward Classes and Most Backward Classes or permit classification among them based on economic…
Justice P.B. Sawant 512. The other aspect of the question is whether for the purposes of the percentage limit of the reservations under Article 16, the reservations made under clause…
Justice P.B. Sawant 509. In this connection, it is worth serious consideration whether reservations in the form of preference instead of exclusive quota should not be resorted to in the…
Justice P.B. Sawant 501. It is seen earlier that 50 per cent rule was propounded in Balaji. The rule was propounded in the context of Article 15(4), but, while propounding…
Justice P.B. Sawant Question III : If economic criterion by itself could not constitute a Backward Class under Article 16(4), whether reservation of posts in services under the State, based…
Justice P.B. Sawant 480. The next issue arising out of this question is whether economic criterion by itself would identify the backward classes under Article 16(4) and whether the expression…
Justice P.B. Sawant 475. It is further not correct to say that the caste system is prevalent only among the Hindus, and other religions are free from it. Jains have…
Justice P.B. Sawant Question II : What would be the content of the phrase “Backward Class” in Article 16(4) of the Constitution and whether caste by itself could constitute a…
Justice P.B. Sawant 427. As has been pointed out earlier, Article 16(4) does not use the expression “Socially and Economically Backward Classes”. Instead it uses the expression “Backward Class of…
