To what extent can the reservation be made?
S. Ratnavael Pandian. J. 179. The next baffling question relates to the permissible extent of reservation in appointments. 180. It was for the first time that this Court in Balaji…
Whether the further classification as ‘Poorer Sections’ from and out of the identified SEBCs is permissible under Article 16(4)? – Indira Sawhney’s Case
S. Ratnavael Pandian. J. 194. The most important pivotal and crucial issue that I would now like to ponder over relates to the intent of para 2 (i) of the…
The Question of Creamy Layer in Indira Sawhney Case
S. Ratnavael Pandian. J. 223. A further submission has been made stating that the benefits of reservation are often snatched away of eaten up by top creamy layer of socially…
Does Reservation affect the efficiency in System? – Indira Sawhney’s Case
S. Ratnavael Pandian. J. “158. A programme of reservation may sacrifice merit but does not in any way sacrifice competence because the beneficiaries under Article 16(4) have to possess the…
The Grounds on which Mandal Commission Report was challanged in Indira Sawhney Case
The Mandal Commission Report that recommended reservation to backward Class, was attacked on various ground when it was challenged in Indira Sawhney Case. (Indira Sawhney v Union of India 1993…
Can Caste be a determinant for Social and Educational Backwardness? – Indira Sawhney Case
In Indira Sawhney v. Union of India (1992), amongst other issues, the Supreme Court made an analysis on whether caste can be taken as a criterion in determining that caste…
The Definition of ‘Backwardness’ under Article 16
Article 16(4) expressly permits the State to make any provision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of…
The Meaning of ‘Class’ and ‘Caste’- Indira Sawhney Case
In Indira Sawhney v. Union of India (1992), while stating that the caste cannot be a sole factor for determining the backwardness, the Supreme Court made an analysis on the…
Whether a particular class of citizens is backward or not is a justiciable one- Triloki Nath Case
Article 16(4) expressly permits the State to make any provision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of…
Why Article 15(4) was inserted in the Constitution? – A Brief History
The Government of Tamil Nadu issued a Communal G.O. in 1927 making compartmental reservation of posts for various communities. Subsequently the G. O. was revised. In 1950 one Smt. Champakam…