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It is quite understandable that a recent Supreme 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 fulfillment 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.Q. Which article envisages the establishment of the National Commission for Scheduled Castes?a)Article 37b)Article 352c)Article 270d)Article 338Correct answer is option 'D'. 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 It is quite understandable that a recent Supreme 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 fulfillment 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.Q. Which article envisages the establishment of the National Commission for Scheduled Castes?a)Article 37b)Article 352c)Article 270d)Article 338Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for It is quite understandable that a recent Supreme 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 fulfillment 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.Q. Which article envisages the establishment of the National Commission for Scheduled Castes?a)Article 37b)Article 352c)Article 270d)Article 338Correct answer is option 'D'. Can you explain this answer?.

Solutions for It is quite understandable that a recent Supreme 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 fulfillment 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.Q. Which article envisages the establishment of the National Commission for Scheduled Castes?a)Article 37b)Article 352c)Article 270d)Article 338Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of It is quite understandable that a recent Supreme 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 fulfillment 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.Q. Which article envisages the establishment of the National Commission for Scheduled Castes?a)Article 37b)Article 352c)Article 270d)Article 338Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of It is quite understandable that a recent Supreme 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 fulfillment 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.Q. Which article envisages the establishment of the National Commission for Scheduled Castes?a)Article 37b)Article 352c)Article 270d)Article 338Correct answer is option 'D'. Can you explain this answer?, a detailed solution for It is quite understandable that a recent Supreme 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 fulfillment 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.Q. Which article envisages the establishment of the National Commission for Scheduled Castes?a)Article 37b)Article 352c)Article 270d)Article 338Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of It is quite understandable that a recent Supreme 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 fulfillment 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.Q. Which article envisages the establishment of the National Commission for Scheduled Castes?a)Article 37b)Article 352c)Article 270d)Article 338Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice It is quite understandable that a recent Supreme 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 fulfillment 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.Q. Which article envisages the establishment of the National Commission for Scheduled Castes?a)Article 37b)Article 352c)Article 270d)Article 338Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.