J. Thomman1 306. ‘Reservation of appointments or posts’ mentioned in Article 16(4) is with reference to appointments ‘in favour of any backward class of citizens which, in the opinion of…
Thomman J. 314. Reservation is the extreme limit to which the doctrine of affirmative action can be extended. Beyond the strict confines of clause (4) of Article 16, reservation in…
THOMMEN, J.1 271. What is sought to be identified is not caste, religion and the like, but social and educational backwardness, generally manifested by disabilities such as illiteracy, humiliating isolation,…
THOMMEN, J.1 269. The President of India issued the Constitution (Scheduled Castes) Order, 1950 relating to the States, and the Constitution (Scheduled Castes) Union Territories Order, 1951 relating to the…
THOMMEN, J.1 262. The Constitution seeks to secure to all its citizens Justice, Liberty, Equality and Fraternity. These are the basic pillars on which the grand concept of India as…
THOMMEN, J.1 253. The fundamental question is, what is the raison d’etre of reservation and what are its limits. The Constitution permits the State to adopt such affirmative action as…
THOMMEN, J.1 298. The object of the special protection guaranteed by Articles 15(4) and 16(4) is promotion of the backward classes. Only those classes of citizens who are incapable of…
THOMMEN, J.1 284. Poverty by itself is not the test of backwardness, for if it were so, most people in this country would be in a position to claim reservation.…
THOMMEN, J.1 287. Article 16 deals with equality of opportunity in matters of public employment. The kind of backwardness which is required to attract the special provisions protecting the backward…
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…
