Print Article Indra Sawhney Others Vs
3/7/2015
Print Article : Indra Sawhney & Others Vs.Union of India
Indra Sawhney & Others Vs.Union of India
Source : http://www.
Author : shashanktyagi
Published on : February 19, 2013
Case Presentation On
Indra Sawhney & Others Vs.Union Of India
shashanktyagi's Profile and details
When our own Constitution was framed the framer of the shashank tyagi constitution made a special provision with intention to provide
GNLU
equal opportunity in the public employment to all the citizens
Gandhinagar
within INDIA. The same was inserted in the Art. 16 of the
LL.M. UGC
Indian Constitution. But considering the backward classes a
NET Dec2011 special provision was inserted in the same Art. In clause 4 i.e., 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.
But in these connection two questions reasonable explores our mind that:
i. Who will be designated as a backward class people for the purpose of this section? & ii. Who will be treated to be inadequate in the employment under State?
Because there were no suitable answers of these two questions given under the provision of the Constitution. By taking this advantage the ruling party who were in the power at Centre utilised this provisions for their own political benefit. But this case (which is also famously known as MONDAL COMMISSION’S case) plays an important role to find out the answer of these two questions. So it is very important for us to know the fact, issue, findings & judgement of this case which are going to be discussed on subsequently.
2) Facts Of This Case :
Ø The facts of the cases were as follows. On January 1, 1979 the JANATA Government headed by the Prime Minister Sri MORARJI DESAI appointed the second Backward
Classes (By a Presidential Order under Article 340 of the Constitution of India, the first
Backward Class Commission known as KAKA KALLELKAR's
Print Article : Indra Sawhney & Others Vs.Union of India
Indra Sawhney & Others Vs.Union of India
Source : http://www.
Author : shashanktyagi
Published on : February 19, 2013
Case Presentation On
Indra Sawhney & Others Vs.Union Of India
shashanktyagi's Profile and details
When our own Constitution was framed the framer of the shashank tyagi constitution made a special provision with intention to provide
GNLU
equal opportunity in the public employment to all the citizens
Gandhinagar
within INDIA. The same was inserted in the Art. 16 of the
LL.M. UGC
Indian Constitution. But considering the backward classes a
NET Dec2011 special provision was inserted in the same Art. In clause 4 i.e., 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.
But in these connection two questions reasonable explores our mind that:
i. Who will be designated as a backward class people for the purpose of this section? & ii. Who will be treated to be inadequate in the employment under State?
Because there were no suitable answers of these two questions given under the provision of the Constitution. By taking this advantage the ruling party who were in the power at Centre utilised this provisions for their own political benefit. But this case (which is also famously known as MONDAL COMMISSION’S case) plays an important role to find out the answer of these two questions. So it is very important for us to know the fact, issue, findings & judgement of this case which are going to be discussed on subsequently.
2) Facts Of This Case :
Ø The facts of the cases were as follows. On January 1, 1979 the JANATA Government headed by the Prime Minister Sri MORARJI DESAI appointed the second Backward
Classes (By a Presidential Order under Article 340 of the Constitution of India, the first
Backward Class Commission known as KAKA KALLELKAR's