The Concept of ‘Creamy Layer’- Indira Sawhney Case
‘Means’ test and ‘creamy layer’ ‘Means test’ in this discussion signifies imposition of an income limit, for the purpose of excluding persons (from the backward class) whose income is above…
Mechanism Suggested by Supreme Court to Identify Backward Classes in Indira Sawhney Case
This is an edited excerpt from Indira Sawhney Judgment (Headings have been added) There is no set or recognised method. There is no law or other statutory instrument prescribing the…
Meaning of ‘Backward Class’- An Insight from Constitutional Assembly Debates
An Excerpt from Indira Sawhney Judgment It must be noted what is said during these debates is not conclusive or binding upon the court because several members may have expressed…
Backward Classes in Pre-Independence India- ‘Caste’ and ‘Class’ in Colonial India’s Administrative Frameworks
The words ‘Caste’ and ‘Class’ in Pre-Constitution India Madras Province In the Madras Provincial and Subordinate Service Rules, 1942, framed by the Governor of Madras under Section 241(2)(b) read with…
Whether Clause (4) of Article 16 is exhaustive of the topic of reservations
An Excerpt from Indira Sawhney Judgement Meaning of Reservation Its meaning has to be ascertained having regard to the context in which it occurs. The relevant words in Section 16…
Earlier Cases on Reservation After Independence
Cases of Champakam Dorairajan and Venkataraman (1951) Soon after the enforcement of the Constitution two cases reached Supreme Court from the State of Madras – one under Article 15 and…
The Framing of Article 16: Debates in the Constituent Assembly
Draft Article 10 Draft Article 10 corresponds to Article 16. The debate in the Constituent Assembly on draft Article 10 and particularly Clause (3), thereof helps us to appreciate the…
Mandal Commission- A Complete Analysis from its inception
Constitution 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…
The First Backward Classes Commission (Kalelkar Commission)
Draft Article 10 The proceedings of the Constituent Assembly on draft Article (10) disclose a persistent and strident demand from certain sections of the society for providing reservations in their…
Upholding Equality: The Vision of India’s Constitution
Forty and three years ago was founded this republic with the fourfold objective of securing to its citizens justice, liberty, equality and fraternity. Statesmen of the highest order the like…