Question

write a short note on indra sawhey judgment case​

Answer 1

Answer:

When our own Constitution was framed the framer of the constitution made a special provision with intention to provide equal opportunity in the public employment to all the citizens within INDIA. The same was inserted in the Art. 16 of the Indian Constitution. But considering the backward classes a special provision was inserted in the same Art. In clause 4 in Art. 16(4). This section empowers the State to make a special provision for those backward classes who in the opinion of the State are not adequately represented in the service under the State.

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Answer 2

Explanation:

The court in its judgement laid down the following rules

Backward classes under Article 16(4) cannot be identified on the basis of economic criteria but the caste system also needs to be considered.

Article 16(4) is not an exception to clause 1 but an instance of classification as envisaged by clause 1.

Backward classes in article 16(4) were different from the socially and educationally backward mentioned in Article 15(4).

The concept of a creamy layer was laid down and it was directed that such a creamy layer be excluded while identifying backward classes.

Article 16(4) does allow the classification of backward classes into backward and more backward.

Reservation shall not exceed 50 percent, moreover, reservation in promotions shall not be allowed.

Any new disputes regarding criteria were to be raised in the Supreme Court only.