Justice Kuldeep Singh[1]
395. Based on the, reasoning and the conclusions reached by me in Paras ‘A’ to ‘K’ of the judgment, I order and direct as under: –
(i) The identification of 3743 castes as a “backward class” by Mandal Commission is constitutionally invalid and cannot be acted upon.
(ii) Office Memorandum dated August 13, 1990 issued by the Government of India is unconstitutional, non est and as such cannot be enforced.
(iii) Para 2(i) of the Office Memorandum dated September 25, 1991 adopts the means-test. The adoption of means-test by the Government of India in principle is upheld. Since Para 2(i) is applicable to the 3743 castes identified by the Mandal Commission, the said para shall not operate till the time “backward classes” for the purposes of Article 16(4) are identified by the Government of India in accordance with the law laid down in this judgment.
(iv) Para 2(ii) of the Office Memorandum dated September 25, 1991 is upheld. Since this para is integral part of the two Memoranda dated August 13, 1990 and September 25 1991, it cannot operate independently. I, however, hold that the Government of India can make reservations solely based on economic criterion by a separate order.
396. The writ petition and all connected matters are disposed of in the above terms with no order as to costs.
[1] This article is an excerpt from the judgment of Indira Sawhney v Union of India 1993 (1) SCT 448