Question

Answer the question which follows from the application of the under mentioned legal principle.

Principle: 
(1) The state shall not deny to any person equality before the law and equal protection of the laws within the territory of India.
(2) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex and place of birth or any of them.

Facts: The Government of Rajasthan, passed an order providing for reservations for the Scheduled Castes/ Scheduled Tribes and Socially and Educationally Backward Classes (including Muslims), and Women, in all institutions of higher education, including private educational institutions, both aided as well as unaided, in the following manner: Scheduled Caste- 15%; Scheduled Tribe- 7.5%, Socially and Educationally Backward Classes (including Muslims) - 27%.

I. The reservation policy of the government is violative of the principle of equality envisaged in the Constitution
II. The reservation policy is unconstitutional because it is based on ‘caste’ which is a prohibited marker
III. Reservation does not violate equality clause as it entails “like should be treated like and unlike should be treated differently.”
IV. Reservation does not violate equality clause as the Constitution itself enables the State to make special provision for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.

पर्याय

• I is correct

• I and II are both correct answers

• III is correct answer

• III and IV both are correct answers

Answer 1

III and IV both are correct answers

Explanation:

The 9 judges Constitution Bench of the Supreme Court by 6-3 majority gave the following judgments:-   
I. Backward class of citizens in Article 16(4) can be identified on the basis of the caste system & not only on an economic basis.   
II. Article 16(4) is not an exception of Article 16(1). It is an instance of the classification. Reservation can be made under article 16(1).   
III. Backward classes in Article 16(4) were not similar to socially & educationally backward in article 15(4).   
IV. Creamy layer must be excluded from the backward classes.   
V. Article 16(4) permits the classification of backward classes into backward & more backward classes.   
VI. A backward class of citizens cannot be identified only  & exclusively with reference to economic criteria.  VII. Reservation shall not exceed 50%.   
VIII. Reservation can be made by the 'EXECUTIVE ORDER'.   
IX. No reservation in promotion.   
X. Permanent Statutory body to examine complaints of over - inclusion/ under - inclusion.   
XI. The majority held that there is no need to express any opinion on the correctness or adequacy of the exercise done by the MONDAL COMMISSION.   
XII. Disputes regarding new criteria can be raised only in the Supreme Court.   
Hence, Reservation does not violate Equality Clause as entails " like should be treated like and unlike should be treated differently" as well as it does not violate equality clause as the constitution itself enables the  State to make special provision for the advancement of socially and educationally backward classes or for the Scheduled Castes and Scheduled Tribes.  Constitution permits affirmative action in favor of the disadvantageous class. However, reservation should not exceed 50% of the total reservation.