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The famous Indra Sawhney and others vs. Union of India case under the Supreme Court of India concerns with
Reservation of backward classes community
Protection of basic structure of the constitution
Acquisition of properties from marginalized communities by the state
Provisions related to detention of a subject under Section 144 of Cr. PC
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 Article 16 of the Indian Constitution. But considering the backward classes a special provision was inserted in the same Article. In clause 4 i.e., in A16(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. The Supreme Court in its order in Indra Sawhney and others vs. Union of India observed that there is no
constitutional or legal bar to a State categorizing backward classes as backward or more backward and had further observed that if a State chooses to do it (sub-categorization), it is not impermissible in law.
By: Parvesh Mehta ProfileResourcesReport error
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