Reality Check India

Indira Sawhney – I

Posted in Uncategorized by realitycheck on March 23, 2007

The Indira Sawhney & Ors Vs Union of India – I (also known as the “Mandal judgement”) is available online in full at http://yfelegal.blogspot.com/ (Thanks to YFE) 

Read it in full. 

I leave you with a couple of paragraphs from the judgement

What does the expression “Backward Class of Citizens” in Article 16(4) signify and how should they be identified? This has been the singlemost difficult question tormenting this nation. The expression is not defined in the Constitution. What does it mean then?

Reality Check would like to add that the lack of an objective definition of OBCs has the potential to lay this country to waste. Yes, it is that bad. On one hand it denies equality of opportunity to hundreds of millions, on the other it makes a mockery of social justice for the truly deserving.

Today, this OBC quota policy is mired in litigation and there is no end in sight. Without a actionable definition of “backward”, how far can we go before a grand showdown ? The great T.T.Krishnamachari had predicted the impending constitutional mess.

Mr. Krishnamachari asked : “Who is a reasonable man and who is a prudent man? These are matters of litigation”.  

.  .  in response to . .

“What is a backward community”? . . . A backward community is a community which is backward in the opinion of the Government. My honourable Friend Mr. T.T. Krishnamachari asked me whether this rule will be justiciable. It is rather difficult to give a dogmatic answer. Personally I think it would be a justiciable matter. If the local Government included in this category of reservations such a large number of seats; I think one could very well go to the Federal Court and the Supreme Court and say that the reservation is of such a magnitude that the rule regarding equality of opportunity has been destroyed and the court will then come to the conclusion whether the local Government or the State Government has acted in a reasonable and prudent manner.

See links to Indira Sawhney II here “How Kerala got its cream back

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