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Passage - 5The Union government has called upon the Supreme Court to form a seven-judge Bench to reconsider the formulation in M. Nagaraj vs Union of India (2006) that it should be applied to the SC and ST communities. This verdict was a reality check to the concept of reservation. Even while upholding Constitution amendments meant to preserve reservation in promotions as well as consequential seniority; it contained an exposition of the equality principle that hedged reservation against a set of constitutional requirements, without which the structure of equal opportunity would collapse. These were quantifiable data to show the backwardness of a community, the inadequacy of its representation in service, and the lack of adverse impact on "the overall efficiency of administration". In Jarnail Singh (2018), another Constitution Bench reaffirmed the applicability of creamy layer norms to SC/STs. However, it ruled that Nagaraj was wrong to require a demonstration of backwardness for the Scheduled Castes and Tribes, as it was directly contrary to the nine-judge Bench judgment in Indra Sawhney (1992).It is curious that Jarnail Singh accepted the presumption of the backwardness of Scheduled Castes and Tribes, but favoured applying the means test to exclude from the purview of SC/ST reservation those who had achieved some level of economic advancement. While the Centre has accepted that the creamy layer norm is needed to ensure that only those genuinely backward get reservation benefits, it is justifiably upset that this principle has been extended to Dalits, who have been acknowledged to be the most backward among the backward sections. Another problem is the question whether the exclusion of the advanced sections among SC/ST candidates can be disallowed only for promotions. Most of them may not fall under the creamy layer category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer. This may result in the defeat of the object of the Constitution amendments that the court itself had upheld to protect reservation in promotions as well as consequential seniority. Another landmark verdict in the history of affirmative action jurisprudence may be needed to settle these questions.Q.Based on the authors arguments that may result in the defeat of the object of the Constitution amendments, which of the following would be most correct:a)Reservation policy has become a futile exercise as it has failed to demonstrate any tangible improvement and amelioration of oppressed and marginalized sections.b)Reservation policy created inequity, inequality and social unrest since castes and communities are not properly identified.c)Reservation policy has become unconstitutional since it has led to societal injustice, emotional oppression and inadequate representation in the public employment.d)Reservation in promotion for SC/STs may not fall under the creamy layer as the category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer.Correct 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 Passage - 5The Union government has called upon the Supreme Court to form a seven-judge Bench to reconsider the formulation in M. Nagaraj vs Union of India (2006) that it should be applied to the SC and ST communities. This verdict was a reality check to the concept of reservation. Even while upholding Constitution amendments meant to preserve reservation in promotions as well as consequential seniority; it contained an exposition of the equality principle that hedged reservation against a set of constitutional requirements, without which the structure of equal opportunity would collapse. These were quantifiable data to show the backwardness of a community, the inadequacy of its representation in service, and the lack of adverse impact on "the overall efficiency of administration". In Jarnail Singh (2018), another Constitution Bench reaffirmed the applicability of creamy layer norms to SC/STs. However, it ruled that Nagaraj was wrong to require a demonstration of backwardness for the Scheduled Castes and Tribes, as it was directly contrary to the nine-judge Bench judgment in Indra Sawhney (1992).It is curious that Jarnail Singh accepted the presumption of the backwardness of Scheduled Castes and Tribes, but favoured applying the means test to exclude from the purview of SC/ST reservation those who had achieved some level of economic advancement. While the Centre has accepted that the creamy layer norm is needed to ensure that only those genuinely backward get reservation benefits, it is justifiably upset that this principle has been extended to Dalits, who have been acknowledged to be the most backward among the backward sections. Another problem is the question whether the exclusion of the advanced sections among SC/ST candidates can be disallowed only for promotions. Most of them may not fall under the creamy layer category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer. This may result in the defeat of the object of the Constitution amendments that the court itself had upheld to protect reservation in promotions as well as consequential seniority. Another landmark verdict in the history of affirmative action jurisprudence may be needed to settle these questions.Q.Based on the authors arguments that may result in the defeat of the object of the Constitution amendments, which of the following would be most correct:a)Reservation policy has become a futile exercise as it has failed to demonstrate any tangible improvement and amelioration of oppressed and marginalized sections.b)Reservation policy created inequity, inequality and social unrest since castes and communities are not properly identified.c)Reservation policy has become unconstitutional since it has led to societal injustice, emotional oppression and inadequate representation in the public employment.d)Reservation in promotion for SC/STs may not fall under the creamy layer as the category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer.Correct 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 Passage - 5The Union government has called upon the Supreme Court to form a seven-judge Bench to reconsider the formulation in M. Nagaraj vs Union of India (2006) that it should be applied to the SC and ST communities. This verdict was a reality check to the concept of reservation. Even while upholding Constitution amendments meant to preserve reservation in promotions as well as consequential seniority; it contained an exposition of the equality principle that hedged reservation against a set of constitutional requirements, without which the structure of equal opportunity would collapse. These were quantifiable data to show the backwardness of a community, the inadequacy of its representation in service, and the lack of adverse impact on "the overall efficiency of administration". In Jarnail Singh (2018), another Constitution Bench reaffirmed the applicability of creamy layer norms to SC/STs. However, it ruled that Nagaraj was wrong to require a demonstration of backwardness for the Scheduled Castes and Tribes, as it was directly contrary to the nine-judge Bench judgment in Indra Sawhney (1992).It is curious that Jarnail Singh accepted the presumption of the backwardness of Scheduled Castes and Tribes, but favoured applying the means test to exclude from the purview of SC/ST reservation those who had achieved some level of economic advancement. While the Centre has accepted that the creamy layer norm is needed to ensure that only those genuinely backward get reservation benefits, it is justifiably upset that this principle has been extended to Dalits, who have been acknowledged to be the most backward among the backward sections. Another problem is the question whether the exclusion of the advanced sections among SC/ST candidates can be disallowed only for promotions. Most of them may not fall under the creamy layer category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer. This may result in the defeat of the object of the Constitution amendments that the court itself had upheld to protect reservation in promotions as well as consequential seniority. Another landmark verdict in the history of affirmative action jurisprudence may be needed to settle these questions.Q.Based on the authors arguments that may result in the defeat of the object of the Constitution amendments, which of the following would be most correct:a)Reservation policy has become a futile exercise as it has failed to demonstrate any tangible improvement and amelioration of oppressed and marginalized sections.b)Reservation policy created inequity, inequality and social unrest since castes and communities are not properly identified.c)Reservation policy has become unconstitutional since it has led to societal injustice, emotional oppression and inadequate representation in the public employment.d)Reservation in promotion for SC/STs may not fall under the creamy layer as the category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer.Correct answer is option 'D'. Can you explain this answer?.

Solutions for Passage - 5The Union government has called upon the Supreme Court to form a seven-judge Bench to reconsider the formulation in M. Nagaraj vs Union of India (2006) that it should be applied to the SC and ST communities. This verdict was a reality check to the concept of reservation. Even while upholding Constitution amendments meant to preserve reservation in promotions as well as consequential seniority; it contained an exposition of the equality principle that hedged reservation against a set of constitutional requirements, without which the structure of equal opportunity would collapse. These were quantifiable data to show the backwardness of a community, the inadequacy of its representation in service, and the lack of adverse impact on "the overall efficiency of administration". In Jarnail Singh (2018), another Constitution Bench reaffirmed the applicability of creamy layer norms to SC/STs. However, it ruled that Nagaraj was wrong to require a demonstration of backwardness for the Scheduled Castes and Tribes, as it was directly contrary to the nine-judge Bench judgment in Indra Sawhney (1992).It is curious that Jarnail Singh accepted the presumption of the backwardness of Scheduled Castes and Tribes, but favoured applying the means test to exclude from the purview of SC/ST reservation those who had achieved some level of economic advancement. While the Centre has accepted that the creamy layer norm is needed to ensure that only those genuinely backward get reservation benefits, it is justifiably upset that this principle has been extended to Dalits, who have been acknowledged to be the most backward among the backward sections. Another problem is the question whether the exclusion of the advanced sections among SC/ST candidates can be disallowed only for promotions. Most of them may not fall under the creamy layer category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer. This may result in the defeat of the object of the Constitution amendments that the court itself had upheld to protect reservation in promotions as well as consequential seniority. Another landmark verdict in the history of affirmative action jurisprudence may be needed to settle these questions.Q.Based on the authors arguments that may result in the defeat of the object of the Constitution amendments, which of the following would be most correct:a)Reservation policy has become a futile exercise as it has failed to demonstrate any tangible improvement and amelioration of oppressed and marginalized sections.b)Reservation policy created inequity, inequality and social unrest since castes and communities are not properly identified.c)Reservation policy has become unconstitutional since it has led to societal injustice, emotional oppression and inadequate representation in the public employment.d)Reservation in promotion for SC/STs may not fall under the creamy layer as the category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer.Correct 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 Passage - 5The Union government has called upon the Supreme Court to form a seven-judge Bench to reconsider the formulation in M. Nagaraj vs Union of India (2006) that it should be applied to the SC and ST communities. This verdict was a reality check to the concept of reservation. Even while upholding Constitution amendments meant to preserve reservation in promotions as well as consequential seniority; it contained an exposition of the equality principle that hedged reservation against a set of constitutional requirements, without which the structure of equal opportunity would collapse. These were quantifiable data to show the backwardness of a community, the inadequacy of its representation in service, and the lack of adverse impact on "the overall efficiency of administration". In Jarnail Singh (2018), another Constitution Bench reaffirmed the applicability of creamy layer norms to SC/STs. However, it ruled that Nagaraj was wrong to require a demonstration of backwardness for the Scheduled Castes and Tribes, as it was directly contrary to the nine-judge Bench judgment in Indra Sawhney (1992).It is curious that Jarnail Singh accepted the presumption of the backwardness of Scheduled Castes and Tribes, but favoured applying the means test to exclude from the purview of SC/ST reservation those who had achieved some level of economic advancement. While the Centre has accepted that the creamy layer norm is needed to ensure that only those genuinely backward get reservation benefits, it is justifiably upset that this principle has been extended to Dalits, who have been acknowledged to be the most backward among the backward sections. Another problem is the question whether the exclusion of the advanced sections among SC/ST candidates can be disallowed only for promotions. Most of them may not fall under the creamy layer category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer. This may result in the defeat of the object of the Constitution amendments that the court itself had upheld to protect reservation in promotions as well as consequential seniority. Another landmark verdict in the history of affirmative action jurisprudence may be needed to settle these questions.Q.Based on the authors arguments that may result in the defeat of the object of the Constitution amendments, which of the following would be most correct:a)Reservation policy has become a futile exercise as it has failed to demonstrate any tangible improvement and amelioration of oppressed and marginalized sections.b)Reservation policy created inequity, inequality and social unrest since castes and communities are not properly identified.c)Reservation policy has become unconstitutional since it has led to societal injustice, emotional oppression and inadequate representation in the public employment.d)Reservation in promotion for SC/STs may not fall under the creamy layer as the category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Passage - 5The Union government has called upon the Supreme Court to form a seven-judge Bench to reconsider the formulation in M. Nagaraj vs Union of India (2006) that it should be applied to the SC and ST communities. This verdict was a reality check to the concept of reservation. Even while upholding Constitution amendments meant to preserve reservation in promotions as well as consequential seniority; it contained an exposition of the equality principle that hedged reservation against a set of constitutional requirements, without which the structure of equal opportunity would collapse. These were quantifiable data to show the backwardness of a community, the inadequacy of its representation in service, and the lack of adverse impact on "the overall efficiency of administration". In Jarnail Singh (2018), another Constitution Bench reaffirmed the applicability of creamy layer norms to SC/STs. However, it ruled that Nagaraj was wrong to require a demonstration of backwardness for the Scheduled Castes and Tribes, as it was directly contrary to the nine-judge Bench judgment in Indra Sawhney (1992).It is curious that Jarnail Singh accepted the presumption of the backwardness of Scheduled Castes and Tribes, but favoured applying the means test to exclude from the purview of SC/ST reservation those who had achieved some level of economic advancement. While the Centre has accepted that the creamy layer norm is needed to ensure that only those genuinely backward get reservation benefits, it is justifiably upset that this principle has been extended to Dalits, who have been acknowledged to be the most backward among the backward sections. Another problem is the question whether the exclusion of the advanced sections among SC/ST candidates can be disallowed only for promotions. Most of them may not fall under the creamy layer category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer. This may result in the defeat of the object of the Constitution amendments that the court itself had upheld to protect reservation in promotions as well as consequential seniority. Another landmark verdict in the history of affirmative action jurisprudence may be needed to settle these questions.Q.Based on the authors arguments that may result in the defeat of the object of the Constitution amendments, which of the following would be most correct:a)Reservation policy has become a futile exercise as it has failed to demonstrate any tangible improvement and amelioration of oppressed and marginalized sections.b)Reservation policy created inequity, inequality and social unrest since castes and communities are not properly identified.c)Reservation policy has become unconstitutional since it has led to societal injustice, emotional oppression and inadequate representation in the public employment.d)Reservation in promotion for SC/STs may not fall under the creamy layer as the category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Passage - 5The Union government has called upon the Supreme Court to form a seven-judge Bench to reconsider the formulation in M. Nagaraj vs Union of India (2006) that it should be applied to the SC and ST communities. This verdict was a reality check to the concept of reservation. Even while upholding Constitution amendments meant to preserve reservation in promotions as well as consequential seniority; it contained an exposition of the equality principle that hedged reservation against a set of constitutional requirements, without which the structure of equal opportunity would collapse. These were quantifiable data to show the backwardness of a community, the inadequacy of its representation in service, and the lack of adverse impact on "the overall efficiency of administration". In Jarnail Singh (2018), another Constitution Bench reaffirmed the applicability of creamy layer norms to SC/STs. However, it ruled that Nagaraj was wrong to require a demonstration of backwardness for the Scheduled Castes and Tribes, as it was directly contrary to the nine-judge Bench judgment in Indra Sawhney (1992).It is curious that Jarnail Singh accepted the presumption of the backwardness of Scheduled Castes and Tribes, but favoured applying the means test to exclude from the purview of SC/ST reservation those who had achieved some level of economic advancement. While the Centre has accepted that the creamy layer norm is needed to ensure that only those genuinely backward get reservation benefits, it is justifiably upset that this principle has been extended to Dalits, who have been acknowledged to be the most backward among the backward sections. Another problem is the question whether the exclusion of the advanced sections among SC/ST candidates can be disallowed only for promotions. Most of them may not fall under the creamy layer category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer. This may result in the defeat of the object of the Constitution amendments that the court itself had upheld to protect reservation in promotions as well as consequential seniority. Another landmark verdict in the history of affirmative action jurisprudence may be needed to settle these questions.Q.Based on the authors arguments that may result in the defeat of the object of the Constitution amendments, which of the following would be most correct:a)Reservation policy has become a futile exercise as it has failed to demonstrate any tangible improvement and amelioration of oppressed and marginalized sections.b)Reservation policy created inequity, inequality and social unrest since castes and communities are not properly identified.c)Reservation policy has become unconstitutional since it has led to societal injustice, emotional oppression and inadequate representation in the public employment.d)Reservation in promotion for SC/STs may not fall under the creamy layer as the category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Passage - 5The Union government has called upon the Supreme Court to form a seven-judge Bench to reconsider the formulation in M. Nagaraj vs Union of India (2006) that it should be applied to the SC and ST communities. This verdict was a reality check to the concept of reservation. Even while upholding Constitution amendments meant to preserve reservation in promotions as well as consequential seniority; it contained an exposition of the equality principle that hedged reservation against a set of constitutional requirements, without which the structure of equal opportunity would collapse. These were quantifiable data to show the backwardness of a community, the inadequacy of its representation in service, and the lack of adverse impact on "the overall efficiency of administration". In Jarnail Singh (2018), another Constitution Bench reaffirmed the applicability of creamy layer norms to SC/STs. However, it ruled that Nagaraj was wrong to require a demonstration of backwardness for the Scheduled Castes and Tribes, as it was directly contrary to the nine-judge Bench judgment in Indra Sawhney (1992).It is curious that Jarnail Singh accepted the presumption of the backwardness of Scheduled Castes and Tribes, but favoured applying the means test to exclude from the purview of SC/ST reservation those who had achieved some level of economic advancement. While the Centre has accepted that the creamy layer norm is needed to ensure that only those genuinely backward get reservation benefits, it is justifiably upset that this principle has been extended to Dalits, who have been acknowledged to be the most backward among the backward sections. Another problem is the question whether the exclusion of the advanced sections among SC/ST candidates can be disallowed only for promotions. Most of them may not fall under the creamy layer category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer. This may result in the defeat of the object of the Constitution amendments that the court itself had upheld to protect reservation in promotions as well as consequential seniority. Another landmark verdict in the history of affirmative action jurisprudence may be needed to settle these questions.Q.Based on the authors arguments that may result in the defeat of the object of the Constitution amendments, which of the following would be most correct:a)Reservation policy has become a futile exercise as it has failed to demonstrate any tangible improvement and amelioration of oppressed and marginalized sections.b)Reservation policy created inequity, inequality and social unrest since castes and communities are not properly identified.c)Reservation policy has become unconstitutional since it has led to societal injustice, emotional oppression and inadequate representation in the public employment.d)Reservation in promotion for SC/STs may not fall under the creamy layer as the category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Passage - 5The Union government has called upon the Supreme Court to form a seven-judge Bench to reconsider the formulation in M. Nagaraj vs Union of India (2006) that it should be applied to the SC and ST communities. This verdict was a reality check to the concept of reservation. Even while upholding Constitution amendments meant to preserve reservation in promotions as well as consequential seniority; it contained an exposition of the equality principle that hedged reservation against a set of constitutional requirements, without which the structure of equal opportunity would collapse. These were quantifiable data to show the backwardness of a community, the inadequacy of its representation in service, and the lack of adverse impact on "the overall efficiency of administration". In Jarnail Singh (2018), another Constitution Bench reaffirmed the applicability of creamy layer norms to SC/STs. However, it ruled that Nagaraj was wrong to require a demonstration of backwardness for the Scheduled Castes and Tribes, as it was directly contrary to the nine-judge Bench judgment in Indra Sawhney (1992).It is curious that Jarnail Singh accepted the presumption of the backwardness of Scheduled Castes and Tribes, but favoured applying the means test to exclude from the purview of SC/ST reservation those who had achieved some level of economic advancement. While the Centre has accepted that the creamy layer norm is needed to ensure that only those genuinely backward get reservation benefits, it is justifiably upset that this principle has been extended to Dalits, who have been acknowledged to be the most backward among the backward sections. Another problem is the question whether the exclusion of the advanced sections among SC/ST candidates can be disallowed only for promotions. Most of them may not fall under the creamy layer category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer. This may result in the defeat of the object of the Constitution amendments that the court itself had upheld to protect reservation in promotions as well as consequential seniority. Another landmark verdict in the history of affirmative action jurisprudence may be needed to settle these questions.Q.Based on the authors arguments that may result in the defeat of the object of the Constitution amendments, which of the following would be most correct:a)Reservation policy has become a futile exercise as it has failed to demonstrate any tangible improvement and amelioration of oppressed and marginalized sections.b)Reservation policy created inequity, inequality and social unrest since castes and communities are not properly identified.c)Reservation policy has become unconstitutional since it has led to societal injustice, emotional oppression and inadequate representation in the public employment.d)Reservation in promotion for SC/STs may not fall under the creamy layer as the category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.