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Casual Articles - Critique on Indra Sawhney v. Union of India
Medical billing is hard enough. Throw into the mix enteral billing, which requires all kinds of calculations and conversions and it's enough to make anybody crazy. In this installment we're going to continue our review of the GE0 CMN, which needs to be sent with each enteral claim, picking up with field number 15.GE0 field 15, position 63, is the ambulatory indicator. This indicator tells the carrier if the patient is able to move or not. There are only two valid responses to this field. The letter A is entered if the patient is ambulatory. The letter N is entered if the patient is non-ambulatory. The field is mandatory and must be filled in with something.GE0 field 16, position 64, is the other forms of nutrient indicator. This field tells the carrier if the patient is receiving other forms of nutrition besides what this CMN is being prescribed for. This is needed because in some cases, if the patient is receiving other forms of nutrition, this claim may be only partially payable.GE0 field 17, position 65, is the method of administration indicator. This field tells the carrier exactly how the patient is receiving the nutrition. There are only three valid responses for this field. If the patient is receiving the nutrition via a pump, a P is entered. If the patient is receiving the nutrition via a syringe, an S is entered. If the patient is receiving the nutrition via gravity, a G is entered.GE0 field 18, position 66, is the administration technique indicator. This field tells the carrier exactly how the nutrition is being administered. There are only four valid responses for this field. If the patient is being administered via a nasogastric tube, an N is entered. If the patient is being administered via gastrostomy, a G is entered. If the patient is being administered via jejunostomy, a J is entered. If the patient is being administered via some other means, an O is entered.GE0 field 19, positions 67 - 70, is the total calories per day field. This field tells the carrier how many calories per day the patient is required to have. This is no
(3)(a) A caste can be and quite often is a social class in India. If it is backward socially, it would be a backward class for the purposes of Article 16(4). Among non-Hindus, there are several occupational groups, sects and denominations, which for historical reasons are socially backward. They too represent backward social collectives for the purposes of Article 16(4). (b) Neither the Constitution nor the Law prescribes the procedure or method of identification of backward classes. Nor is it possible or advisable for the court to lay down any such procedure or method. It must be left to the authority appointed to identify. It can adopt such method /procedure as it thinks convenient and so long as its survey covers the entire population, no objection can be taken to it. Identification of the backward classes can certainly be done with reference to castes among, and along with, other occupational groups, classes and sections of people. One can start the process either with the occupational groups or with castes or with some other groups. Thus one can start the process with the castes, wherever they are found, apply the criteria (evolved for determining backwardness) and find out whether it satisfies the criteria. If it does - what emerges is a "backward class of citizens" within the meaning of and for the purposes of Article 16(4). Similar process can be adopted in the case of other occupational groups, communities and classes, so as to cover the entire populace. The central idea and overall objective should be to consider all available groups, sections and classes in society. Since caste represents an existing, identifiable social group/class encompassing an overwhelming majority of the country's population, one can well
When people are aware of the good opinions others have about them, they want to live up to those opinions. This tendency is why we act out the roles that are assigned to us. If we receive praise, we want to be worthy of that praise. The most effective psychological tool for getting someone to follow through on a promise is to let her/him know that you believe s/he is the type of person who will follow through. Using phrases such as "You're the kind of person who..." or "You've always impressed me with your ability to ..." or "I've always liked the fact that you..." invoke the powerful psychological law of internal consistency. Winston Churchill, one of the greatest masters in dealing with people, said, "I have found that the best way to get another to acquire a virtue is to impute it to him." There was a police officer who always seemed to be able to get even the toughest criminals to open up to him and tell him everything. His technique was to tell the criminal, "I know you have a reputation for being the tough guy who's been in a lot of trouble, but everyone tells me the one thing that stands out about you is that you never lie. They tell me that whatever you say, it's always the truth, no matter what." Honestly assess how you think you make others feel when they're around you. Do you make them feel small and unimportant, or do you inspire them to achieve more? Your actions towards others will tell them how you feel or think about them. The German writer and poet Johann Wolfgang von Goethe once stated, "Treat a man as he appears to be and you make him worse. But treat a man as if he already were what he potentially could be, and you make him what he should be." Reputation is everything in negotiation. Have you ever noticed how the people you assume are going to be tough turn out to be just that? And if there is someone you're especially excited to meet, then when you do meet her she seems great? Often our assumptions and expectations about someone we're about to meet for the first time play out exactly as
1. Introduction
In a democratic country like India, there are many number of backward castes and classes. These castes and classes have to be protected, as they are being discriminated and had suffered a lot from the exploitation of the upper castes. So the State to bring equality among the backward classes of citizens and upper classes, reservation policy is being adopted.
In the year 1977 when the Janata Party came into power, headed by V.P.Singh as the Prime Minister. The Government appointed the Second Backward Classed Commission and its Chairman was B.P.Mandal. This Commission was formed on 20 December 1978. This commission was called Mandal Commission. It submitted its report on 31 December 1980. The caste data used by the Mandal Commission were based on the census report of 1931. It boldly submitted that 52% of the country’s population comprised of Backward Classes. The Commission proposed the following overall scheme of reservation for Other Backward Classes:-
1) Candidates belonging to Other Backward Classes recruited on the basis of merit in an open competition should not be adjusted against their reservation quota of 27%.
2) The 27% reservation should also be made applicable to promotion quota at all levels.
3) Reserved quota remaining unfilled should be carried forward for a period of three years and de-reserved thereafter.
4) Relaxation in the upper age limit for direct recruitment should be extended to the candidates of Other Backward Classes in the same manner as done in the case of Scheduled Castes and Scheduled Tribes.
5) The roster system for each category of post should be adopted by the concerned authorities in the same manner as presently done in respect of Scheduled Castes and Scheduled Tribes candidates.
In Indra Sawhney v. Union of India, the Supreme Court was asked to pronounce on the constitutional validity of two office memoranda of the Central Government. One of them, which was initially brought before the Court, was issued on 13th August, 1990. Implementing partially the Mandal Commission Report, it reserved 27% vacancies in civil posts and services under the Government of India to be filled by direct recruitment from the socially and educationally backward classes (SEBCs). Before the Court could decide the validity of this memorandum the other memorandum was issued on 25th September, 1991. It provided for preference to the poorer sections of Socially and Educationally Backward Classes (SEBCs) in respect of 27% reservation made by the first memorandum and also made additional reservation of 10% vacancies for ‘other economically backward sections of the people’ who were not covered by any existing schemes of reservation. The first memorandum stated: ‘the Socially and Educationally Backward Classes (SEBC) would comprise in the first phrase the castes and communities which are common to both the lists in the report of the Mandal commission and the State Government’s list. In the present study an attempt has been made to criticize the judgment of the above case. The first chapter gives the introduction which is above. The second chapter deals with the issues involved in this case. The third chapter deals with the judgment of the case. The fourth chapter criticizes the judgment of the case. And lastly, the fifth chapter gives the conclusion.
2. Issues involved in the case
There were eight issues involved in the case:
a) Whether Article 16(4) is an exception to Article 16(1) and would be exhaustive of the right of reservation to posts in services under the State.
b) What would be the content of the phrase backward classes in Article 16(1) of the Constitution and whether caste by itself could constitute a class and whether economic criteria by itself could identify a class for Article 16(4) and whether backward classes in Article 16(4) would include the Article 46 as well.
c) If the economic criteria by itself could not constitute a backward class under Article 16(4), whether reservation of posts in services under the State based exclusively on economic criteria would be covered by Article 16(1) of the Constitution.
d) Can the extent of reservation to posts in the services under the State under Article 16(4) or, if permitted under Article 16(1) and 16(4) together, exceed 50% of the posts in a cadre or service under the State, or exceed 50% of the appointments in a cadre or service in any particular year and can such extent of reservation be determined without determining the inadequacy of representation of each class in different categories and grades of services under the State.
e) Does Article 16(4) permit the classification of backward classes into backward class and most backward classes or permit classification among them based on economic or other considerations.
f) Would making ‘any provision’ under Article 16(4) for reservation ‘by the State’ necessarily have to be by law made by the legislatures of the State or by law made by Parliament or could such provisions be made by an executive order.
g) Will the extent of judicial review be limited or restricted in regard to the identification of backward classes and the percentage of reservations made for such classes, to a demonstrably perverse identification or a demonstrably unreasonable percentage.
h) Would reservation of appointments or posts ‘in favour of any backward class’ be restricted to the initial appointment to the post or would it extend to promotions as well.
3. Judgment of the Case
It was a nine judge bench which heard the case; there were six assenting judges and three dissenting judges. The six assenting judges were M.H.Kania (C.J.), JJ. M.N.Venkatachaliah, S.Ratnavel Pandian, A.M.Ahmadi, P.B.Sawant, and B.P.Jeevan Reddy. The dissenting judges were JJ. Dr. T.K.Thommen, Kuldip Singh, and R.M.Sahai. The Honourable judges observed as below:-
(1)(a) It is not necessary that the 'provision' under Article 16(4) should necessarily be made by the Parliament/ Legislature. Such a provision can be made by the Executive also. Local bodies, Statutory Corporations and other instrumentalities of the State falling under Article 12 of the Constitution are themselves competent to make such a provision, if so advised.
(b) An executive order making a provision under Article 16(4) is enforceable the moment it is made and issued.
(2)(a) Clause (4) of Article 16 is not an exception to clause (1). It is an instance and an illustration of the classification inherent in clause (1).
(b) Article 16(4) is exhaustive of the subject of reservation in favour of backward class of citizens, as explained in this judgment.
(c) Reservations can also be provided under clause (1) of Article 16. It is not confined to extending of preferences, concessions or exemptions alone. These reservations, if any, made under clause (1) have to be so adjusted and implemented as not to exceed the level of representation prescribed for 'backward class of citizens'.
(3)(a) A caste can be and quite often is a social class in India. If it is backward socially, it would be a backward class for the purposes of Article 16(4). Among non-Hindus, there are several occupational groups, sects and denominations, which for historical reasons are socially backward. They too represent backward social collectives for the purposes of Article 16(4).
(b) Neither the Constitution nor the Law prescribes the procedure or method of identification of backward classes. Nor is it possible or advisable for the court to lay down any such procedure or method. It must be left to the authority appointed to identify. It can adopt such method /procedure as it thinks convenient and so long as its survey covers the entire population, no objection can be taken to it. Identification of the backward classes can certainly be done with reference to castes among, and along with, other occupational groups, classes and sections of people. One can start the process either with the occupational groups or with castes or with some other groups. Thus one can start the process with the castes, wherever they are found, apply the criteria (evolved for determining backwardness) and find out whether it satisfies the criteria. If it does - what emerges is a "backward class of citizens" within the meaning of and for the purposes of Article 16(4). Similar process can be adopted in the case of other occupational groups, communities and classes, so as to cover the entire populace. The central idea and overall objective should be to consider all available groups, sections and classes in society. Since caste represents an existing, identifiable social group/class encompassing an overwhelming majority of the country's population, one can well
Do you know what it takes to become an expert in your industry?It's easier than you might think.It really only takes two things:1) Deciding you want to become known as an expert.2) Following the proven path to becoming known.Take a look around. On the web. In your daily newspaper. In your favorite magazine.Listen to the radio. Watch TV.You'll find one thing present in all of these places. People sharing their expertise.Sometimes it's through articles they've written.Other times they're being interviewed.Then ask yourself these questions: 1) Do these people have credibility?2) If you were in need of services in their industry, would you be likely to consider them?Most times the answer to both of these questions is, YES!Because we assume that if they're in the media, the media has checked them out and they ARE an expert. They ARE qualified to be writing that article, sharing that information or giving that interview.So how do you go about establishing yourself as an expert?Well, it's pretty easy. Here are 3 steps.Step 1: Identify one area related to your business in which you have a lot of knowledge and expertise.Step 2: Appoint yourself the expert.Step 3: Start acting like an expert. And, here's how:Write articles and post them in online article directories or pitch them to the media.Pursue speaking engagements.Publish a newsletter or ezine.Become a resource for the media and make yourself available for interviews.Do this long enough and you will become viewed as an expert in your field. And who do people like to do business with? You guessed it - the expert.This can be especially valuable if your business is in a crowded field, with many others offering similar services.You need to give people a reason to pick you. And, being the recognized expert is a great reason.It
In Indra Sawhney v. Union of India, the Supreme Court was asked to pronounce on the constitutional validity of two office memoranda of the Central Government. One of them, which was initially brought before the Court, was issued on 13th August, 1990. Implementing partially the Mandal Commission Report, it reserved 27% vacancies in civil posts and services under the Government of India to be filled by direct recruitment from the socially and educationally backward classes (SEBCs). Before the Court could decide the validity of this memorandum the other memorandum was issued on 25th September, 1991. It provided for preference to the poorer sections of Socially and Educationally Backward Classes (SEBCs) in respect of 27% reservation made by the first memorandum and also made additional reservation of 10% vacancies for ‘other economically backward sections of the people’ who were not covered by any existing schemes of reservation. The first memorandum stated: ‘the Socially and Educationally Backward Classes (SEBC) would comprise in the first phrase the castes and communities which are common to both the lists in the report of the Mandal commission and the State Government’s list. In the present study an attempt has been made to criticize the judgment of the above case. The first chapter gives the introduction which is above. The second chapter deals with the issues involved in this case. The third chapter deals with the judgment of the case. The fourth chapter criticizes the judgment of the case. And lastly, the fifth chapter gives the conclusion.
2. Issues involved in the case
There were eight issues involved in the case:
a) Whether Article 16(4) is an exception to Article 16(1) and would be exhaustive of the right of reservation to posts in services under the State.
b) What would be the content of the phrase backward classes in Article 16(1) of the Constitution and whether caste by itself could constitute a class and whether economic criteria by itself could identify a class for Article 16(4) and whether backward classes in Article 16(4) would include the Article 46 as well.
c) If the economic criteria by itself could not constitute a backward class under Article 16(4), whether reservation of posts in services under the State based exclusively on economic criteria would be covered by Article 16(1) of the Constitution.
d) Can the extent of reservation to posts in the services under the State under Article 16(4) or, if permitted under Article 16(1) and 16(4) together, exceed 50% of the posts in a cadre or service under the State, or exceed 50% of the appointments in a cadre or service in any particular year and can such extent of reservation be determined without determining the inadequacy of representation of each class in different categories and grades of services under the State.
e) Does Article 16(4) permit the classification of backward classes into backward class and most backward classes or permit classification among them based on economic or other considerations.
f) Would making ‘any provision’ under Article 16(4) for reservation ‘by the State’ necessarily have to be by law made by the legislatures of the State or by law made by Parliament or could such provisions be made by an executive order.
g) Will the extent of judicial review be limited or restricted in regard to the identification of backward classes and the percentage of reservations made for such classes, to a demonstrably perverse identification or a demonstrably unreasonable percentage.
h) Would reservation of appointments or posts ‘in favour of any backward class’ be restricted to the initial appointment to the post or would it extend to promotions as well.
3. Judgment of the Case
It was a nine judge bench which heard the case; there were six assenting judges and three dissenting judges. The six assenting judges were M.H.Kania (C.J.), JJ. M.N.Venkatachaliah, S.Ratnavel Pandian, A.M.Ahmadi, P.B.Sawant, and B.P.Jeevan Reddy. The dissenting judges were JJ. Dr. T.K.Thommen, Kuldip Singh, and R.M.Sahai. The Honourable judges observed as below:-
(1)(a) It is not necessary that the 'provision' under Article 16(4) should necessarily be made by the Parliament/ Legislature. Such a provision can be made by the Executive also. Local bodies, Statutory Corporations and other instrumentalities of the State falling under Article 12 of the Constitution are themselves competent to make such a provision, if so advised.
(b) An executive order making a provision under Article 16(4) is enforceable the moment it is made and issued.
(2)(a) Clause (4) of Article 16 is not an exception to clause (1). It is an instance and an illustration of the classification inherent in clause (1).
(b) Article 16(4) is exhaustive of the subject of reservation in favour of backward class of citizens, as explained in this judgment.
(c) Reservations can also be provided under clause (1) of Article 16. It is not confined to extending of preferences, concessions or exemptions alone. These reservations, if any, made under clause (1) have to be so adjusted and implemented as not to exceed the level of representation prescribed for 'backward class of citizens'.
(3)(a) A caste can be and quite often is a social class in India. If it is backward socially, it would be a backward class for the purposes of Article 16(4). Among non-Hindus, there are several occupational groups, sects and denominations, which for historical reasons are socially backward. They too represent backward social collectives for the purposes of Article 16(4).
(b) Neither the Constitution nor the Law prescribes the procedure or method of identification of backward classes. Nor is it possible or advisable for the court to lay down any such procedure or method. It must be left to the authority appointed to identify. It can adopt such method /procedure as it thinks convenient and so long as its survey covers the entire population, no objection can be taken to it. Identification of the backward classes can certainly be done with reference to castes among, and along with, other occupational groups, classes and sections of people. One can start the process either with the occupational groups or with castes or with some other groups. Thus one can start the process with the castes, wherever they are found, apply the criteria (evolved for determining backwardness) and find out whether it satisfies the criteria. If it does - what emerges is a "backward class of citizens" within the meaning of and for the purposes of Article 16(4). Similar process can be adopted in the case of other occupational groups, communities and classes, so as to cover the entire populace. The central idea and overall objective should be to consider all available groups, sections and classes in society. Since caste represents an existing, identifiable social group/class encompassing an overwhelming majority of the country's population, one can well
You may have a very good product or service to sell. You might have even developed a good website to sell your products online. However to achieve the end result of good business sales you need to effectively promote your website on the web. Manual directory submission is one the most viable and cost effective solutions to achieving effective website promotion. Web directory A web directory is a comprehensive directory maintained in the World Wide Web. Yahoo directory is a typical example of a web directory. These directories are catalogues of information on websites hosted over the Internet. A good web directory will classify topics into categories and different subcategories. Many of these directory service providers agree to include websites in their listing, free of cost. The listing of websites in a web directory is normally done using a set of rules such as:-Websites may be included in the web directory after classification, like a library catalog -Websites classification may be done on the basis of total web content and not on keywords or the home page -The classification of any website is normally done under one or two categories only once the web site submission is done for inclusion.Types of web directoriesA web directory is maintained and updated continuously by the service provider. Some of them are comprehensive directories covering several topics, such as Yahoo. Others can be for specific purposes, such as medical services, tourism, business etc.How do web directories help business?Web site submission into quality and relevant web directories can result in more traffic to your site. Increased traffic means increased visibility of the website and more publicity.How does web site submission increase traffic?-Web users often look through the search directory service provided by web directory sites in order to secure information on particular websites that are of interest to them -Many search engines refer to quality web directories for information searc
b) What would be the content of the phrase backward classes in Article 16(1) of the Constitution and whether caste by itself could constitute a class and whether economic criteria by itself could identify a class for Article 16(4) and whether backward classes in Article 16(4) would include the Article 46 as well.
c) If the economic criteria by itself could not constitute a backward class under Article 16(4), whether reservation of posts in services under the State based exclusively on economic criteria would be covered by Article 16(1) of the Constitution.
d) Can the extent of reservation to posts in the services under the State under Article 16(4) or, if permitted under Article 16(1) and 16(4) together, exceed 50% of the posts in a cadre or service under the State, or exceed 50% of the appointments in a cadre or service in any particular year and can such extent of reservation be determined without determining the inadequacy of representation of each class in different categories and grades of services under the State.
e) Does Article 16(4) permit the classification of backward classes into backward class and most backward classes or permit classification among them based on economic or other considerations.
f) Would making ‘any provision’ under Article 16(4) for reservation ‘by the State’ necessarily have to be by law made by the legislatures of the State or by law made by Parliament or could such provisions be made by an executive order.
g) Will the extent of judicial review be limited or restricted in regard to the identification of backward classes and the percentage of reservations made for such classes, to a demonstrably perverse identification or a demonstrably unreasonable percentage.
h) Would reservation of appointments or posts ‘in favour of any backward class’ be restricted to the initial appointment to the post or would it extend to promotions as well.
3. Judgment of the Case
It was a nine judge bench which heard the case; there were six assenting judges and three dissenting judges. The six assenting judges were M.H.Kania (C.J.), JJ. M.N.Venkatachaliah, S.Ratnavel Pandian, A.M.Ahmadi, P.B.Sawant, and B.P.Jeevan Reddy. The dissenting judges were JJ. Dr. T.K.Thommen, Kuldip Singh, and R.M.Sahai. The Honourable judges observed as below:-
(1)(a) It is not necessary that the 'provision' under Article 16(4) should necessarily be made by the Parliament/ Legislature. Such a provision can be made by the Executive also. Local bodies, Statutory Corporations and other instrumentalities of the State falling under Article 12 of the Constitution are themselves competent to make such a provision, if so advised.
(b) An executive order making a provision under Article 16(4) is enforceable the moment it is made and issued.
(2)(a) Clause (4) of Article 16 is not an exception to clause (1). It is an instance and an illustration of the classification inherent in clause (1).
(b) Article 16(4) is exhaustive of the subject of reservation in favour of backward class of citizens, as explained in this judgment.
(c) Reservations can also be provided under clause (1) of Article 16. It is not confined to extending of preferences, concessions or exemptions alone. These reservations, if any, made under clause (1) have to be so adjusted and implemented as not to exceed the level of representation prescribed for 'backward class of citizens'.
(3)(a) A caste can be and quite often is a social class in India. If it is backward socially, it would be a backward class for the purposes of Article 16(4). Among non-Hindus, there are several occupational groups, sects and denominations, which for historical reasons are socially backward. They too represent backward social collectives for the purposes of Article 16(4).
(b) Neither the Constitution nor the Law prescribes the procedure or method of identification of backward classes. Nor is it possible or advisable for the court to lay down any such procedure or method. It must be left to the authority appointed to identify. It can adopt such method /procedure as it thinks convenient and so long as its survey covers the entire population, no objection can be taken to it. Identification of the backward classes can certainly be done with reference to castes among, and along with, other occupational groups, classes and sections of people. One can start the process either with the occupational groups or with castes or with some other groups. Thus one can start the process with the castes, wherever they are found, apply the criteria (evolved for determining backwardness) and find out whether it satisfies the criteria. If it does - what emerges is a "backward class of citizens" within the meaning of and for the purposes of Article 16(4). Similar process can be adopted in the case of other occupational groups, communities and classes, so as to cover the entire populace. The central idea and overall objective should be to consider all available groups, sections and classes in society. Since caste represents an existing, identifiable social group/class encompassing an overwhelming majority of the country's population, one can well
Are you not able to fulfill your dreams just because of your bad credit score? Thanks to bad credit secured personal loan, with the help of which you can grab your dreams without any hurdles. Different people have different requirements and it is the occupation of this loan to give a better path to satisfy their necessities.Bad credit secured personal loan is meant for homeowners who don’t have any problem in putting their property as collateral against the loan amount. Being secured, this loan is backed up with collateral. Lenders generally ask for home or other immovable property as collateral. They don’t hesitate in lending big amounts on lower interest rate and longer repayment period when they see that the borrower is ready to put his property as collateral.This loan can be availed to accomplish a variety of urgent necessities like:• Home renovation• Start of a new business• Purchase of a new car• Payment of electricity or other bills• Payment of other loansThere is no need to panic, if you have a bad credit history. Your bad credit history will not restrict you to accomplish your dreams. Bad credit is nothing but a situation when a person has FICO rating below or equal to 580. Anyone can be trapped in this situation if he or she had faced any of the following consequences earlier:• County court judgements (CCJs)• Defaults in repayment• Refused to repay any earlier loan• Bankruptcy• Arrears• IVAsBad credit secured personal loan is one of the best ways to rectify your credit score. The long term of the loan amount can enable you to pay your installments on time in turn maintains your rhythm of ongoing installments. If you refused to pay your committed amount on time, then lender has the authority to repossess your collateral property to compensate unpaid amount. While you go for bad credit secured personal loan, make sure that you are aware of all the terms and conditions of the lender. This knowledge will help you to stay away from future discrepancies. You can search about this loan on
h) Would reservation of appointments or posts ‘in favour of any backward class’ be restricted to the initial appointment to the post or would it extend to promotions as well.
3. Judgment of the Case
It was a nine judge bench which heard the case; there were six assenting judges and three dissenting judges. The six assenting judges were M.H.Kania (C.J.), JJ. M.N.Venkatachaliah, S.Ratnavel Pandian, A.M.Ahmadi, P.B.Sawant, and B.P.Jeevan Reddy. The dissenting judges were JJ. Dr. T.K.Thommen, Kuldip Singh, and R.M.Sahai. The Honourable judges observed as below:-
(1)(a) It is not necessary that the 'provision' under Article 16(4) should necessarily be made by the Parliament/ Legislature. Such a provision can be made by the Executive also. Local bodies, Statutory Corporations and other instrumentalities of the State falling under Article 12 of the Constitution are themselves competent to make such a provision, if so advised.
(b) An executive order making a provision under Article 16(4) is enforceable the moment it is made and issued.
(2)(a) Clause (4) of Article 16 is not an exception to clause (1). It is an instance and an illustration of the classification inherent in clause (1).
(b) Article 16(4) is exhaustive of the subject of reservation in favour of backward class of citizens, as explained in this judgment.
(c) Reservations can also be provided under clause (1) of Article 16. It is not confined to extending of preferences, concessions or exemptions alone. These reservations, if any, made under clause (1) have to be so adjusted and implemented as not to exceed the level of representation prescribed for 'backward class of citizens'.
(3)(a) A caste can be and quite often is a social class in India. If it is backward socially, it would be a backward class for the purposes of Article 16(4). Among non-Hindus, there are several occupational groups, sects and denominations, which for historical reasons are socially backward. They too represent backward social collectives for the purposes of Article 16(4).
(b) Neither the Constitution nor the Law prescribes the procedure or method of identification of backward classes. Nor is it possible or advisable for the court to lay down any such procedure or method. It must be left to the authority appointed to identify. It can adopt such method /procedure as it thinks convenient and so long as its survey covers the entire population, no objection can be taken to it. Identification of the backward classes can certainly be done with reference to castes among, and along with, other occupational groups, classes and sections of people. One can start the process either with the occupational groups or with castes or with some other groups. Thus one can start the process with the castes, wherever they are found, apply the criteria (evolved for determining backwardness) and find out whether it satisfies the criteria. If it does - what emerges is a "backward class of citizens" within the meaning of and for the purposes of Article 16(4). Similar process can be adopted in the case of other occupational groups, communities and classes, so as to cover the entire populace. The central idea and overall objective should be to consider all available groups, sections and classes in society. Since caste represents an existing, identifiable social group/class encompassing an overwhelming majority of the country's population, one can well
And that’s the human desire for interaction,If this had been taught and the lesson put into everyday practise then billions of pounds and dollars would never have been poured down the black hole of television advertising!So let’s review that desire in terms of the marketing of products and, at the same time, hope that those people working in or with advertising agencies read this simple lesson and learn a little of what they should have already known and been doing on behalf of their clients.All advertising is a form of learning whereby the advertiser is asking people to change their behaviour after learning the benefits of the products or services on offer. However, we all tend to filter out information, which we do not want to hear. This clearly alters the effectiveness of conventional advertising in quite a dramatic way.The final purchase decision is invariably a compromise and this leads to a certain amount of anxiety; the worry that perhaps the decision was not the best or the right one. In order to minimise this anxiety the purchaser seeks to reinforce their choice and begins to take more notice of their chosen product’s marketing communications.Due to a lack of understanding of the communication process we have created a media society during the past 40 or 50 years, where the whole process has been de-humanised.There is now an extraordinary reduction in interaction because conventional advertising and marketing have become a one-way practice whereby information is disseminated in a passive form.But, people still have this desire to be taken account of. To affect change, to learn and personalise their relationship with their environment. There are a phenomenal number of reasons that cause people to interact, going far beyond just giving them things.When people agree to participate in truly interactive marketing programmes they are told that their efforts and feedback are of positive help to the advertisers.And most important to the advertisers, by participating and becoming involved, they then learn and understand the advert
(3)(a) A caste can be and quite often is a social class in India. If it is backward socially, it would be a backward class for the purposes of Article 16(4). Among non-Hindus, there are several occupational groups, sects and denominations, which for historical reasons are socially backward. They too represent backward social collectives for the purposes of Article 16(4). (b) Neither the Constitution nor the Law prescribes the procedure or method of identification of backward classes. Nor is it possible or advisable for the court to lay down any such procedure or method. It must be left to the authority appointed to identify. It can adopt such method /procedure as it thinks convenient and so long as its survey covers the entire population, no objection can be taken to it. Identification of the backward classes can certainly be done with reference to castes among, and along with, other occupational groups, classes and sections of people. One can start the process either with the occupational groups or with castes or with some other groups. Thus one can start the process with the castes, wherever they are found, apply the criteria (evolved for determining backwardness) and find out whether it satisfies the criteria. If it does - what emerges is a "backward class of citizens" within the meaning of and for the purposes of Article 16(4). Similar process can be adopted in the case of other occupational groups, communities and classes, so as to cover the entire populace. The central idea and overall objective should be to consider all available groups, sections and classes in society. Since caste represents an existing, identifiable social group/class encompassing an overwhelming majority of the country's population, one can well begin with it and then go to other groups, sections and classes.
(c) It is not necessary for a class to be designated as a backward class that it is situated similarly to the Scheduled Castes/ Scheduled Tribes.
(d) 'Creamy layer' can be, and must be excluded.
(e) It is not correct to say that the backward class of citizens contemplated in Article 16(4) is the same as the socially and educationally backward classes referred to in Article 15(4). It is much wider. The accent in Article 16(4) is on social backwardness. Of course, social, educational and economic backwardness are closely inter-twined in the Indian context.
(f) The adequacy of representation of a particular class in the services under the State is a matter within the subjective satisfaction of the appropriate Government. The Judicial scrutiny in that behalf is the same as in other matters within the subjective satisfaction of an authority.
(4)(a) A backward class of citizens cannot be identified only and exclusively with reference to economic criteria.
(b) It is permissible for the Government or other authority to identify a backward class of citizens on the basis of occupation-cum-income, without reference to caste, if it is so advised.
(5) There is no constitutional bar to classify the backward classes of citizens into backward and more backward categories.
(6)(a) & (b) The reservations contemplated in Clause (4) of Article 16 should not exceed 50%. While 50% shall be the rule, it is necessary not to put out of consideration certain extraordinary situations inherent in the great diversity of this country and the people. It might happen that in far-flung and remote areas the population inhabiting those areas might, on account of their being out of the main-stream of national life and in view of the conditions peculiar to and characteristic of them need to be treated in a different way, some relaxation in this strict rule may become imperative. In doing so, extreme caution is to be exercised and a special case made out.
(c) The rule of 50% should be applied to each year. It cannot be related to the total strength of the class, category, service or cadre, as the case may be.
(d) Devadasan v. Union of India (AIR 1964 SC 179) was wrongly decided and is accordingly overruled to the extent it is inconsistent with this judgment
(7) Article 16(4) does not permit provision for reservations in the matter of promotion. This rule shall have only prospective operation and shall not affect the promotions already made, whether made on regular basis or on any other basis. The decision on this question shall operate only prospectively and shall not affect promotions already made, whether on temporary, officiating or regular/ permanent basis. It is further directed that wherever reservations are already provided in the matter of promotion - be it Central Services or State Services, or for that matter services under any Corporation, authority or body falling under the definition of 'State' in Article 12 - such reservations may continue in operation for a period of five years from this day. Within this period, it would be open to the appropriate authorities to revise, modify or re-issue the relevant rules to ensure the achievement of the objective of Article 16(4). If any authority thinks that for ensuring adequate representation of' 'backward class of citizens' in any service, class or category, it is necessary to provide for direct recruitment therein, it shall be open to it to do so. It would not be impermissible for the State to extend concessions and relaxations to members of reserved categories in the matter of promotion without compromising the efficiency of the administration.
(8) While the rule of reservation cannot be called anti-meritarian, there are certain services and posts to which it may not be advisable to apply the rule of reservation.
(9-10) The distinction made in the impugned Office Memorandum dated 25th September, 1991 between 'poorer sections' and others among the backward classes is not invalid, if the classification is understood and operated as based upon relative backwardness among the several classes identified as Other Backward Classes.
(11) The reservation of 10% of the posts in favour of 'other economically backward sections of the people who are not covered by any of the existing schemes of the reservation' made in the impugned Office Memorandum dated 25-9-1991 is constitutionally invalid and is accordingly struck down.
(12) There is no particular or special standard of judicial scrutiny applicable to matters arising under Article 16(4).
(13) The Government of India and the State Governments have the power to, and ought to, create a permanent mechanism - in the nature of a Commission - for examining requests of inclusion and complaints of over-inclusion or non-inclusion in the list of O.B.Cs. And to advise the Government, which advice shall ordinarily be binding upon the Government. Where the Government does not accept the advice, it must record its reasons therefore.
(14) In view of the answers given by the majority judges herein and the directions issued herewith, it is not necessary to express any opinion on the correctness and adequacy of the exercise done by the Mandal Commission . (Para 121 of the Judgment)
4. Critical analysis on the case
The policy of reservation creates an obligation on the part of the State to treat everyone with equal respect and concern and in this sense the policy of reservation serves the principle of equal treatment . But in the present case, the 50% reservation policy does not create any corresponding individual right in favour of the members of the beneficiary groups. Because majority of the population is backward. It is 52% of the population in India is backward. So the reservation should be given equal to their population i.e., 52% or more than 52%.
The Mandal Commission itself made revelations. According to its statistics, the forward castes estimated at 25.5% of the population made up 78.34% of employees of Central Ministers and Departments; the Scheduled Castes and Scheduled Tribes together were 16.83% and Backward Classes were 4.83%. In Class-I these figures were 90.23% for forward classes, 7.18% for Scheduled Castes and Scheduled Tribes and 2.59% for Other Backward Classes. But the Other Backward Classes were 52% of the population . So the total population of the Scheduled Castes and Scheduled Tribes and Other Backward Classes will be 74.5%. So the 50% reservation will not be enough and it must be more than 50% percent or the reservation must be equal to population of the Backward Classes.
Second criticism against the case is the 50% reservation policy can be overridden. It so happened when the Tamil Nadu State Legislature passed a statute [The Tamil Nadu Backward Classes, SC & ST (Reservation of Seats in Educational Institutions and Appointments or posts in the service under the State) Act, 1993] providing for 69% of reservation. It got this law in the 9th Schedule of
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