Directions: Read carefully the problem and select the most appropriate answer.Q.Womenandrsquo;s reservation in elected bodies in the need of the hour because they represent the voice of half of the population.Which of the following contradicts the above?a)There is no right to stand for elections or to be elected.b)The constituents of a constituency have a rights to elect any person from among the eligible who contest for elections.c)A legislator is supposed to represent his constituency and a section of it.d)None of theseCorrect answer is option 'B'. Can you explain this answer?

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Directions: Read carefully the problem and select the most appropriate answer.

Q.
Women’s reservation in elected bodies in the need of the hour because they represent the voice of half of the population.Which of the following contradicts the above?

a)
There is no right to stand for elections or to be elected.
b)
The constituents of a constituency have a rights to elect any person from among the eligible who contest for elections.
c)
A legislator is supposed to represent his constituency and a section of it.
d)
None of these

Correct answer is option 'B'. Can you explain this answer?

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It is quite understandable that a recentSupreme Court judgment, that there is no fundamental right to claim reservation in promotions, has caused some political alarm. The received wisdom in affirmative action jurisprudence is that a series of Constitution amendments and judgments have created a sound legal framework for reservation in public employment, subject to the fulfilment of certain constitutional requirements. And that it has solidified into an entitlement for the backward classes, including the SCs and STs. However, the latest judgment is a reminder that affirmative action programmes allowed in the Constitution flow from “enabling provisions” and are not rights as such. This legal position is not new. Major judgments — these include those by Constitution Benches — note that Article 16(4), on reservation in posts, is enabling in nature. In other words, the state is not bound to provide reservations, but if it does so, it must be in favour of sections that are backward and inadequately represented in the services based on quantifiable data. Thus, the Court is not wrong in setting aside an Uttarakhand High Court order directing data collection on the adequacy or inadequacy of representation of SC/ST candidates in the State’s services. Its reasoning is that once there is a decision not to extend reservation — in this case, in promotions — to the section, the question whether its representation in the services is inadequate is irrelevant.The root of the current issue lies in the then Congress government’s decision to give up SC/ST quotas in promotions in Uttarakhand. The present BJP regime also shares responsibility as it argued in the Court that there is neither a basic right to reservations nor a duty by the State government to provide it. The idea thatreservationis not a right may be in consonance with the Constitution allowing it as an option, but a larger question looms: Is there no government obligation to continue with affirmative action if the social situation that keeps some sections backward and at the receiving end of discrimination persists? Reservation is no more seen by the Supreme Court as an exception to the equality rule; rather, it is a facet of equality. The terms “proportionate equality” and “substantive equality” have been used to show that the equality norm acquires completion only when the marginalised are given a legal leg-up. Some may even read into this an inescapable state obligation to extend reservation to those who need it, lest its absence render the entire system unequal. For instance, if no quotas are implemented and no study on backwardness and extent of representation is done, it may result in a perceptible imbalance in social representation in public services. Will the courts still say a direction cannot be given to gather data and provide quotas to those with inadequate representation?Q.On what basis did the Supreme Court, in the judgment in question, set aside the Uttarakhand High Court’s order?

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Article 14 of the Constitution guarantees equality before law and equal protection of laws to everyone. Similarly, Article 16(1) and 16(2) assure citizens equality of opportunity in employment or appointment to any government office. Article 15(1) generally prohibits any discrimination against any citizen on the grounds of religion, caste, sex or place of birth. Articles 15(4) and 16(4) state that these equality provisions do not prevent the government from making special provisions in matters of admission to educational institutions or jobs in favour of backward classes, particularly the Scheduled Castes (SCs) and the Scheduled Tribes (STs). Article 16(4

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Passage - 4A Supreme Court bench of justices L Nageswara Rao and Hemant Gupta ruled that states are not bound to make reservations, nor is reservation in promotions a [1]. The top court said that it cannot order state governments to provide reservations."In view of the law laid down by this court, there is no doubt that the state government is not bound to make reservations. There is no [1 ] which inheres in an individual to claim reservation in promotions. No [2] can be issued by the court directing the state government to provide reservations," the bench said in its order.The state governments can grant reservation to scheduled castes and scheduled tribes at their own discretion, but will have to collect quantifiable data which shows their inadequate representation in public services. The Supreme Court has said that states can grant reservation to certain classes, but "there must be some material on the basis of which the opinion is formed". The Supreme Court decision came against pleas regarding [3] governments September 5, 2012 decision to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes. The governments decision was challenged in the [3] High Court, which struck it down. The Supreme Court referred to Article [4] and its clauses 4 and 4A while delivering its judgement in the matter. Article [4] in the Constitution of India refers to equality of opportunity in government jobs.Q.A Supreme Court bench of justices L Nageswara Rao and Hemant Gupta ruled that states are not bound to make reservations, nor is reservation in promotions a [1]. Which of the following has been redacted with [1] in the passage above?

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Passage - 4A Supreme Court bench of justices L Nageswara Rao and Hemant Gupta ruled that states are not bound to make reservations, nor is reservation in promotions a [1]. The top court said that it cannot order state governments to provide reservations."In view of the law laid down by this court, there is no doubt that the state government is not bound to make reservations. There is no [1 ] which inheres in an individual to claim reservation in promotions. No [2] can be issued by the court directing the state government to provide reservations," the bench said in its order.The state governments can grant reservation to scheduled castes and scheduled tribes at their own discretion, but will have to collect quantifiable data which shows their inadequate representation in public services. The Supreme Court has said that states can grant reservation to certain classes, but "there must be some material on the basis of which the opinion is formed". The Supreme Court decision came against pleas regarding [3] governments September 5, 2012 decision to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes. The governments decision was challenged in the [3] High Court, which struck it down. The Supreme Court referred to Article [4] and its clauses 4 and 4A while delivering its judgement in the matter. Article [4] in the Constitution of India refers to equality of opportunity in government jobs.Q.Which of the following cannot be issued by the court directing the state government to provide reservations whose name has been redacted with [2] in the passage above?

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Passage - 4A Supreme Court bench of justices L Nageswara Rao and Hemant Gupta ruled that states are not bound to make reservations, nor is reservation in promotions a [1]. The top court said that it cannot order state governments to provide reservations."In view of the law laid down by this court, there is no doubt that the state government is not bound to make reservations. There is no [1 ] which inheres in an individual to claim reservation in promotions. No [2] can be issued by the court directing the state government to provide reservations," the bench said in its order.The state governments can grant reservation to scheduled castes and scheduled tribes at their own discretion, but will have to collect quantifiable data which shows their inadequate representation in public services. The Supreme Court has said that states can grant reservation to certain classes, but "there must be some material on the basis of which the opinion is formed". The Supreme Court decision came against pleas regarding [3] governments September 5, 2012 decision to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes. The governments decision was challenged in the [3] High Court, which struck it down. The Supreme Court referred to Article [4] and its clauses 4 and 4A while delivering its judgement in the matter. Article [4] in the Constitution of India refers to equality of opportunity in government jobs.Q.The Supreme Court decision came against pleas regarding [3] governments decision to fill up all posts in public services in the state without providing reservations to Scheduled Castes and Scheduled Tribes. Which of the following state governments has been redacted with [3] in the passage above?

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Directions: Read carefully the problem and select the most appropriate answer.Q.Women’s reservation in elected bodies in the need of the hour because they represent the voice of half of the population.Which of the following contradicts the above?a)There is no right to stand for elections or to be elected.b)The constituents of a constituency have a rights to elect any person from among the eligible who contest for elections.c)A legislator is supposed to represent his constituency and a section of it.d)None of theseCorrect answer is option 'B'. Can you explain this answer?

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Directions: Read carefully the problem and select the most appropriate answer.Q.Women’s reservation in elected bodies in the need of the hour because they represent the voice of half of the population.Which of the following contradicts the above?a)There is no right to stand for elections or to be elected.b)The constituents of a constituency have a rights to elect any person from among the eligible who contest for elections.c)A legislator is supposed to represent his constituency and a section of it.d)None of theseCorrect answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read carefully the problem and select the most appropriate answer.Q.Women’s reservation in elected bodies in the need of the hour because they represent the voice of half of the population.Which of the following contradicts the above?a)There is no right to stand for elections or to be elected.b)The constituents of a constituency have a rights to elect any person from among the eligible who contest for elections.c)A legislator is supposed to represent his constituency and a section of it.d)None of theseCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read carefully the problem and select the most appropriate answer.Q.Women’s reservation in elected bodies in the need of the hour because they represent the voice of half of the population.Which of the following contradicts the above?a)There is no right to stand for elections or to be elected.b)The constituents of a constituency have a rights to elect any person from among the eligible who contest for elections.c)A legislator is supposed to represent his constituency and a section of it.d)None of theseCorrect answer is option 'B'. Can you explain this answer?.

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