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Give the correct response
Backwardness in Article 15 is both social and educational
Social backwardness is the usual as poverty
Both (a) and (b) are correct
All these statements are incorrect
The two most contentious issues in the application of Article 15(4) as well as Article 16(4) have been:
Backward classes is not defined in the constitution. Article 340 however empowers the president to appoint a commisision to investigate conditions of socially and educationally backward classes. On the basis of the report of the commission, the president may specify as to who are to be considered as backward classes. In Balaji v State of Mysore, the Mysore Govt issued an order under Article 15(4) reserving seats in the medical and engineering colleges of the state as follows- backward Classes 28%, more Backward Classes 20%, Sc And ST 18%. Thus 68% of the seats were reserved and only 32% were made available in the merit pool.The court held that the sub classification made by the order between backward classes and more backward classes was not justified under article 15(4). Backwardness as envisaged by the article must be both social and educational and not either social or educational. Caste cannot be the sole test for ascertaining backwardness. Poverty , occupation, place of habitation are relevant factors and need to be taken into consideration. The impugned order, however proceeds only on the basis only on the basis of caste without regard to other factors and that is sufficient to render the invalid.
Hence option 3rd is correct.
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