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…
Justice P.B. Sawant Question VIII: Would reservation of appointments or posts “in favour of any Backward Class” be restricted to the initial appointment to the post or would it extend…
Justice P.B. Sawant Question VII: Will the extent of judicial review be limited or restricted in regard to the Identification of Backward Classes and the percentage of reservations made for…
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…
