Which of the following is true about IndraSawhney case 1 There is no connection between caste occupa...........

Indian Polity Judgments and Directives

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Which of the following is true about IndraSawhney case

1) There is no connection between caste, occupation, poverty and social backwardness.

2) In Hindu society to identify backward classes, caste and place of residence can be used.

3) Rule of 50% reservation applies to the total strength of class, service or cadre.

4) Identification of backward class is subject to judicial review.

code

1 and 3

1, 3 and 4

1, 2 and 4

2 and 4

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Explanation:

Indra Sawhney v. Union of India – The Mandal Case

The nine judges bench of the Supreme Court held that-

1. The Backward classes of citizens is not defined in the constitution. There is an integral connection between caste, occupation, poverty and social backwardness.
2. The backward classes can be identified in Hindu society with reference to castes alongwith other criteria such as traditional occupation, poverty, place of residence, lack of education etc. and in communities where caste is not identified, the rest of criteria shall apply.
3. The backwardness contemplated by Art. 16(4) is mainly social.
4. There should be imposition of an income limit for the purpose of exclusing persons from the backward classes. They are called ‘Creamy Layer’ which should be excluded form reservation.
5. Reservation under Art. 16(4) is not applicable in promotion.
6. Reservation under Art. 16(4) should not exceed 50%.
7. Identification of backward classes is subject to judicial review.