LexINDRA SAWHNEY AND ORS. ETC. ETC. versus UNION OF INDIA AND ORS. ETC. ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
INDRA SA \VHNEY AND ORS. ETC. ETC.
v.
UNION OF INDIA AND ORS. ETC. ETC.
NOVEMBER 16, 1992
B
(M.H. KANIA, 0., M.N. VENKATACHALIAH, S. RATNAVEL
c
PAJ'!DIAN, DR. T.K. THOMMEN, AM. AHMADI, KULDIP SINGH,
P.B. SAWANT, R.M. SAHAI AND B.P. JEEVAN REDDY, JJ.)
Constitution of India, 1950:
Article 16(4}-'Provision'-Whether to be made by the Parlia-
ment/Legislature-Making such a provision by executive orde,-.Legality of.
Constitution of India, 1950:
Article 16(1)(4}-Whether Article 16(4), an exception to Article 16(1),
D whether clause( 4) exhaustive of special provisions to be made in favour of
'backward class of citizens' or in favour of all sections, classes or groups--
Whether reservations to be made under clause ( 1) or whether it only permitted
extending concession.
E
F
Constitution of India, 1950:
Art.icle 16(4)-
11Class
11
, "Backward ·class of citizens
11
,
"Communities'~
11
Castes'~
11class of citizens"-iVot adequately represented in the senJices under
the State--Reasons for not using the word tlcaste" or
1Castes
11-Constrnc-
tion--Backward class of citizen-ldentijication-Procedure-'Means test'
whether to be applied-''Creamy layer'4ffect of-Backwardness whether to
be social and economical-Whether a class to be situated similarly to the
Scheduled Caste/Tribe for being qualified as a Backward Class.
Constitution of India, 1950:
Articles 15, 16-:Backward c/asses-ldentification--Criteria.
G
Constitution of India, 1950:
Articles 15, 16-:Backward classes-Classification into backward and
more backward-Legality of.
Constitution of India, 1950:
H
Articles 15, 16-Reservation-50% rule in Balaji-£ffect of-50% rule
454
...
INDRA SAWHNEY v. U.0.l.
455
whether includes all types of reservations under Article 16 or those reserva-
A
tions made under Article 16( 4 j-f'rocedure to apply 50% rnle-Devadasan
whether good law.
Constitution of India, 1950:
of
Article 16(4}-f'rovision for reservation in promotiun matters-Legality B
Constitution of India, 1950:
Articles 14, 15, 16, 38(2), 46, 333-Reservation whether anti-meritan-
Constrnction of Article 16 in the relevancy of Articles 333, 38(2), 46.
Constitution of India, 1950:
Articles 14, 15, 16, 226, 3"}-[dentification of backward classes and
fu:ation of percentage of reservations-Judicial review-Scope of
Constitution of India, 1950:
Articles 14, 15, 16-'Poorer sections' of backward classes and
others-Distinction made in the Memorandum dated 25.9.1991-Validity of
Constitution of India, 1950:
Articles 14, 15, 16, 341>--Memorandum dated 25.9.1991-l?.eservation
c
D
of 10% of the posts in favour of "other economically backward sections" of E
the·people, not covered under the existing schemes of reservation-Validity
of--Lists of State Governments identifying SEBCs!OBC,--EffecrWhether
appointing Commission to identify OBCs necessary.
Comparative Law-{f.S. Constitution Fourteenth Amendment-Section
1 and Title VI of the Civil Rights Act, 1964, read with Articles 14, 15, 16,
F
Constitution of India, 1951>-Reservation of seats or vacancies or appoint-
111ents or posts-Reasonable reservation in America-ldeas still in the process
of evolution.
The Central Government appointed a Backward Class Commission
(popularly known as Kaka Kalekar Commission) under Article 340 of the G
Constitution on January 29, 1953. The Commission was required "to
investigate the conditions of socially and educationally backward classes
within the territory of India and the difficulties under which they labour
and to make recommendations as to the steps that should be taken by the
Union or any State to remove difficulties and to improve their conditions." H
A
B
456
SUPREME COURT REPORTS (1992] SUPP. 2 S.C.R.
The Commission submitted its report on March 30, 1955. According
lo the Commission, the criteria for identifying the backward classes,
under Article 15(4) would be their traditional occupation and.profession,
the percentage of literacy or the gener!ll education advancement made by
them; the estimated population of the community; the distribution of the
various communities throughout the State or the concentration in certain
areas and the s.ocial position which a cc;>mmunity occupied in the caste
hierarchy. It also stated that the causes of educational backwardness
amongst the educationally and backward communities were (i) traditional
apathy for education on account of social and ~nvironmental conditions
or occupational handicaps; (Excerpt shown. Read the full judgment & AI analysis in Lexace.