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(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.A five-judge apex court bench, as early as 1962 in the M.R. Balaji v. State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.Five years later, in 1967, another five-judge bench in C.A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion. The apex court has now re-iterated that Articles 16(4) and 16(4A) do not confer any fundamental rights to claim reservations in promotion. It is for the state government to decide whether reservations are required for appointment and promotions to public posts, it said.“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions,” it observed. However, if the state government does want to exercise this discretion and provide reservations, it would have to first collect quantifiable data showing inadequacy of representation of that class in public services.It further ruled that since Article 16(4) and 16 (4A) do not provide a fundamental right, courts cannot issue a direction to the state government to provide reservations. It clarified that since the state government had decided not to provide reservations, it did not have to collect quantifiable data at all.The Central Govt. wants to provide reservation in promotion to SC and ST across the country as a Fundamental Right. Advice.The Amy Group Pvt. Ltd. is the biggest company of India. It is mainly represented by Gujarati upper caste Hindus. A petition is filed before the SC to direct the Amy group to ensure reservation in promotion to the vulnerable sections of society. Decide.a)The petition will be allowed as it is paramount that members of Indian society should be represented in the biggest company of India.b)The petition will be rejected as Amy Group is not a State and Fundamental rights will not apply to it.c)The petition will be rejected as Reservation is promotion is not a fundamental right.d)"The petition will be allowed as Mr Ambani is a true patriot and will support assertive action.Correct answer is option 'B'. Can you explain this answer?

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A five-judge apex court bench, as early as 1962 in the M.R. Balaji v. State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.

Five years later, in 1967, another five-judge bench in C.A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion. The apex court has now re-iterated that Articles 16(4) and 16(4A) do not confer any fundamental rights to claim reservations in promotion. It is for the state government to decide whether reservations are required for appointment and promotions to public posts, it said.

“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions,” it observed. However, if the state government does want to exercise this discretion and provide reservations, it would have to first collect quantifiable data showing inadequacy of representation of that class in public services.

It further ruled that since Article 16(4) and 16 (4A) do not provide a fundamental right, courts cannot issue a direction to the state government to provide reservations. It clarified that since the state government had decided not to provide reservations, it did not have to collect quantifiable data at all.

The Central Govt. wants to provide reservation in promotion to SC and ST across the country as a Fundamental Right. Advice.

The Amy Group Pvt. Ltd. is the biggest company of India. It is mainly represented by Gujarati upper caste Hindus. A petition is filed before the SC to direct the Amy group to ensure reservation in promotion to the vulnerable sections of society. Decide.

a)
The petition will be allowed as it is paramount that members of Indian society should be represented in the biggest company of India.
b)
The petition will be rejected as Amy Group is not a State and Fundamental rights will not apply to it.
c)
The petition will be rejected as Reservation is promotion is not a fundamental right.
d)
"The petition will be allowed as Mr Ambani is a true patriot and will support assertive action.

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

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The petition will be rejected as Fundamental Rights are only available against the State. Amy group is a Private Limited company and fundamental rights cannot be guaranteed against private individuals or companies.

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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.Suppose Article 16(5) of the Constitution reads- 16. Equality of opportunity in matters of public employment (5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution shall be a person professing a particular religion or belonging to a particular denomination.Further suppose that The Government passes a law saying that the Chairmanship of the National Commission of Religious Minorities shall be limited to people from these communities.Is this law violative of Article 16?

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The Writ Jurisdiction of Supreme Court can be invoked under Article 32 of the Constitution for the violation of fundamental rights guaranteed under Part – III of the Constitution. Any provision in any Constitution for Fundamental Rights is meaningless unless there are adequate safeguards to ensure enforcement of such provisions. Since the reality of such rights is tested only through the judiciary, the safeguards assume even more importance. In addition, enforcement also depends upon the degree of independence of the Judiciary and the availability of relevant instruments with the executive authority. Indian Constitution, like most of Western Constitutions, lays down certain provisions to ensure the enforcement of Fundamental Rights.However, Article 32 is referred to as the “Constitutional Remedy” for enforcement of Fundamental Rights. This provision itself has been included in the Fundamental Rights and hence it cannot be denied to any person. Dr. B. R. Ambedkar described Article 32 as the most important one, without which the Constitution would be reduced to nullity. It is also referred to as the heart and soul of the Constitution. By including Article 32 in the Fundamental Rights, the Supreme Court has been made the protector and guarantor of these Rights. An application made under Article 32 of the Constitution before the Supreme Court, cannot be refused on technical grounds. In addition to the prescribed five types of writs, the Supreme Court may pass any other appropriate order. Moreover, only the questions pertaining to the Fundamental Rights can be determined in proceedings against Article 32. Under Article 32, the Supreme Court may issue a Writ against any person or government within the territory of India. Where the infringement of a Fundamental Right has been established, the Supreme Court cannot refuse relief on the ground that the aggrieved person may have remedy before some other court or under the ordinary law.The relief can also not be denied on the ground that the disputed facts have to be investigated or some evidence has to be collected. Even if an aggrieved person has not asked for a particular Writ, the Supreme Court, after considering the facts and circumstances, may grant the appropriate Writ and may even modify it to suit the exigencies of the case. Normally, only the aggrieved person is allowed to move the Court. But it has been held by the Supreme Court that in social or public interest matters, any one may move the Court. A Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions.Q. What is the correct meaning of the word ‘infringement’?

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The Writ Jurisdiction of Supreme Court can be invoked under Article 32 of the Constitution for the violation of fundamental rights guaranteed under Part - III of the Constitution. Any provision in any Constitution for Fundamental Rights is meaningless unless there are adequate safeguards to ensure enforcement of such provisions. Since the reality of such rights is tested only through the judiciary, the safeguards assume even more importance. In addition, enforcement also depends upon the degree of independence of the Judiciary and the availability of relevant instruments with the executive authority. Indian Constitution, like most of Western Constitutions, lays down certain provisions to ensure the enforcement of Fundamental Rights. However, Article 32 is referred to as the “Constitutional Remedy” for enforcement of Fundamental Rights. This provision itself has been included in the Fundamental Rights and hence it cannot be denied to any person. Dr. B. R. Ambedkar described Article 32 as the most important one, without which the Constitution would be reduced to nullity. It is also referred to as the heart and soul of the Constitution. By including Article 32 in the Fundamental Rights, the Supreme Court has been made the protector and guarantor of these Rights. An application made under Article 32 of the Constitution before the Supreme Court, cannot be refused on technical grounds. In addition to the prescribed five types of writs, the Supreme Court may pass any other appropriate order. Moreover, only the questions pertaining to the Fundamental Rights can be determined in proceedings against Article 32. Under Article 32, the Supreme Court may issue a Writ against any person or government within the territory of India. Where the infringement of a Fundamental Right has been established, the Supreme Court cannot refuse relief on the ground that the aggrieved person may have remedy before some other court or under the ordinary law.The relief can also not be denied on the ground that the disputed facts have to be investigated or some evidence has to be collected. Even if an aggrieved person has not asked for a particular Writ, the Supreme Court, after considering the facts and circumstances, may grant the appropriate Writ and may even modify it to suit the exigencies of the case. Normally, only the aggrieved person is allowed to move the Court. But it has been held by the Supreme Court that in social or public interest matters, any one may move the Court. A Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions.What is the correct meaning of the word ‘infringement’?

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The Writ Jurisdiction of Supreme Court can be invoked under Article 32 of the Constitution for the violation of fundamental rights guaranteed under Part – III of the Constitution. Any provision in any Constitution for Fundamental Rights is meaningless unless there are adequate safeguards to ensure enforcement of such provisions. Since the reality of such rights is tested only through the judiciary, the safeguards assume even more importance. In addition, enforcement also depends upon the degree of independence of the Judiciary and the availability of relevant instruments with the executive authority. Indian Constitution, like most of Western Constitutions, lays down certain provisions to ensure the enforcement of Fundamental Rights.However, Article 32 is referred to as the “Constitutional Remedy” for enforcement of Fundamental Rights. This provision itself has been included in the Fundamental Rights and hence it cannot be denied to any person. Dr. B. R. Ambedkar described Article 32 as the most important one, without which the Constitution would be reduced to nullity. It is also referred to as the heart and soul of the Constitution. By including Article 32 in the Fundamental Rights, the Supreme Court has been made the protector and guarantor of these Rights. An application made under Article 32 of the Constitution before the Supreme Court, cannot be refused on technical grounds. In addition to the prescribed five types of writs, the Supreme Court may pass any other appropriate order. Moreover, only the questions pertaining to the Fundamental Rights can be determined in proceedings against Article 32. Under Article 32, the Supreme Court may issue a Writ against any person or government within the territory of India. Where the infringement of a Fundamental Right has been established, the Supreme Court cannot refuse relief on the ground that the aggrieved person may have remedy before some other court or under the ordinary law.The relief can also not be denied on the ground that the disputed facts have to be investigated or some evidence has to be collected. Even if an aggrieved person has not asked for a particular Writ, the Supreme Court, after considering the facts and circumstances, may grant the appropriate Writ and may even modify it to suit the exigencies of the case. Normally, only the aggrieved person is allowed to move the Court. But it has been held by the Supreme Court that in social or public interest matters, any one may move the Court. A Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions.Q. What is the tone of the author?

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Directions: Answer the given question based on the following passage.The most remarkable achievement in post-constitution India is the exercise of the power of the judicial review by the superior courts. So long as this power is wielded by the courts effectively and fearlessly, democracy will remain ensured in India and, with all its shortcomings, the Constitution will survive. The numerous applications for the constitutional writs before the High Courts and the Supreme Court and their results testify to the establishment in India of 'limited government', or, 'the government of laws, not of men', as they call it in the United States of America. The Supreme Court has well performed its task of protecting the rights of the individual against the executive, against oppressive legislations and even against the Legislature itself, when it becomes overzealous in asserting its privileges not only against the individual citizens but even against the judges.At the same time, it should be observed that neither the guarantee of the Fundamental Rights nor its adjunct 'Judicial Review' could have full play during the first quarter of a century of the working of our Constitution owing to their erosion by Proclamations of Emergency over a substantial period of time. It is true that the Emergency provisions are as much a part of the Constitution of India as any other, and that history has proved the need for such powers to meet extraordinary situations, but, broadly speaking, if the application of the Emergency provisions overshadows the other features of the Constitution, the balance between the 'normal' and 'emergency' provisions is palpably destroyed. Even, apart from Emergency, there has been an astounding erosion of Fundamental Rights owing to multiple amendments of the Constitution.The means to prevent any such conflict between competing interests is to process all proposals for constitutional amendments through an expert and objective machinery, which would ensure the progressive adaptation of the Constitution to the Copernican changes in the social, economic and political background.Q. What possible dangers does the author envisage when an institution becomes overzealous in asserting its privileges?

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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(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.A five-judge apex court bench, as early as 1962 in the M.R. Balaji v. State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.Five years later, in 1967, another five-judge bench in C.A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion. The apex court has now re-iterated that Articles 16(4) and 16(4A) do not confer any fundamental rights to claim reservations in promotion. It is for the state government to decide whether reservations are required for appointment and promotions to public posts, it said.“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions,” it observed. However, if the state government does want to exercise this discretion and provide reservations, it would have to first collect quantifiable data showing inadequacy of representation of that class in public services.It further ruled that since Article 16(4) and 16 (4A) do not provide a fundamental right, courts cannot issue a direction to the state government to provide reservations. It clarified that since the state government had decided not to provide reservations, it did not have to collect quantifiable data at all.The Central Govt. wants to provide reservation in promotion to SC and ST across the country as a Fundamental Right. Advice.The Amy Group Pvt. Ltd. is the biggest company of India. It is mainly represented by Gujarati upper caste Hindus. A petition is filed before the SC to direct the Amy group to ensure reservation in promotion to the vulnerable sections of society. Decide.a)The petition will be allowed as it is paramount that members of Indian society should be represented in the biggest company of India.b)The petition will be rejected as Amy Group is not a State and Fundamental rights will not apply to it.c)The petition will be rejected as Reservation is promotion is not a fundamental right.d)"The petition will be allowed as Mr Ambani is a true patriot and will support assertive action.Correct answer is option 'B'. Can you explain this answer?

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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(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.A five-judge apex court bench, as early as 1962 in the M.R. Balaji v. State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.Five years later, in 1967, another five-judge bench in C.A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion. The apex court has now re-iterated that Articles 16(4) and 16(4A) do not confer any fundamental rights to claim reservations in promotion. It is for the state government to decide whether reservations are required for appointment and promotions to public posts, it said.“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions,” it observed. However, if the state government does want to exercise this discretion and provide reservations, it would have to first collect quantifiable data showing inadequacy of representation of that class in public services.It further ruled that since Article 16(4) and 16 (4A) do not provide a fundamental right, courts cannot issue a direction to the state government to provide reservations. It clarified that since the state government had decided not to provide reservations, it did not have to collect quantifiable data at all.The Central Govt. wants to provide reservation in promotion to SC and ST across the country as a Fundamental Right. Advice.The Amy Group Pvt. Ltd. is the biggest company of India. It is mainly represented by Gujarati upper caste Hindus. A petition is filed before the SC to direct the Amy group to ensure reservation in promotion to the vulnerable sections of society. Decide.a)The petition will be allowed as it is paramount that members of Indian society should be represented in the biggest company of India.b)The petition will be rejected as Amy Group is not a State and Fundamental rights will not apply to it.c)The petition will be rejected as Reservation is promotion is not a fundamental right.d)"The petition will be allowed as Mr Ambani is a true patriot and will support assertive action.Correct 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 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(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.A five-judge apex court bench, as early as 1962 in the M.R. Balaji v. State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.Five years later, in 1967, another five-judge bench in C.A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion. The apex court has now re-iterated that Articles 16(4) and 16(4A) do not confer any fundamental rights to claim reservations in promotion. It is for the state government to decide whether reservations are required for appointment and promotions to public posts, it said.“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions,” it observed. However, if the state government does want to exercise this discretion and provide reservations, it would have to first collect quantifiable data showing inadequacy of representation of that class in public services.It further ruled that since Article 16(4) and 16 (4A) do not provide a fundamental right, courts cannot issue a direction to the state government to provide reservations. It clarified that since the state government had decided not to provide reservations, it did not have to collect quantifiable data at all.The Central Govt. wants to provide reservation in promotion to SC and ST across the country as a Fundamental Right. Advice.The Amy Group Pvt. Ltd. is the biggest company of India. It is mainly represented by Gujarati upper caste Hindus. A petition is filed before the SC to direct the Amy group to ensure reservation in promotion to the vulnerable sections of society. Decide.a)The petition will be allowed as it is paramount that members of Indian society should be represented in the biggest company of India.b)The petition will be rejected as Amy Group is not a State and Fundamental rights will not apply to it.c)The petition will be rejected as Reservation is promotion is not a fundamental right.d)"The petition will be allowed as Mr Ambani is a true patriot and will support assertive action.Correct 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 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(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.A five-judge apex court bench, as early as 1962 in the M.R. Balaji v. State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.Five years later, in 1967, another five-judge bench in C.A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion. The apex court has now re-iterated that Articles 16(4) and 16(4A) do not confer any fundamental rights to claim reservations in promotion. It is for the state government to decide whether reservations are required for appointment and promotions to public posts, it said.“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions,” it observed. However, if the state government does want to exercise this discretion and provide reservations, it would have to first collect quantifiable data showing inadequacy of representation of that class in public services.It further ruled that since Article 16(4) and 16 (4A) do not provide a fundamental right, courts cannot issue a direction to the state government to provide reservations. It clarified that since the state government had decided not to provide reservations, it did not have to collect quantifiable data at all.The Central Govt. wants to provide reservation in promotion to SC and ST across the country as a Fundamental Right. Advice.The Amy Group Pvt. Ltd. is the biggest company of India. It is mainly represented by Gujarati upper caste Hindus. A petition is filed before the SC to direct the Amy group to ensure reservation in promotion to the vulnerable sections of society. Decide.a)The petition will be allowed as it is paramount that members of Indian society should be represented in the biggest company of India.b)The petition will be rejected as Amy Group is not a State and Fundamental rights will not apply to it.c)The petition will be rejected as Reservation is promotion is not a fundamental right.d)"The petition will be allowed as Mr Ambani is a true patriot and will support assertive action.Correct answer is option 'B'. Can you explain this answer?.

Solutions for 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(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.A five-judge apex court bench, as early as 1962 in the M.R. Balaji v. State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.Five years later, in 1967, another five-judge bench in C.A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion. The apex court has now re-iterated that Articles 16(4) and 16(4A) do not confer any fundamental rights to claim reservations in promotion. It is for the state government to decide whether reservations are required for appointment and promotions to public posts, it said.“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions,” it observed. However, if the state government does want to exercise this discretion and provide reservations, it would have to first collect quantifiable data showing inadequacy of representation of that class in public services.It further ruled that since Article 16(4) and 16 (4A) do not provide a fundamental right, courts cannot issue a direction to the state government to provide reservations. It clarified that since the state government had decided not to provide reservations, it did not have to collect quantifiable data at all.The Central Govt. wants to provide reservation in promotion to SC and ST across the country as a Fundamental Right. Advice.The Amy Group Pvt. Ltd. is the biggest company of India. It is mainly represented by Gujarati upper caste Hindus. A petition is filed before the SC to direct the Amy group to ensure reservation in promotion to the vulnerable sections of society. Decide.a)The petition will be allowed as it is paramount that members of Indian society should be represented in the biggest company of India.b)The petition will be rejected as Amy Group is not a State and Fundamental rights will not apply to it.c)The petition will be rejected as Reservation is promotion is not a fundamental right.d)"The petition will be allowed as Mr Ambani is a true patriot and will support assertive action.Correct answer is option 'B'. 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 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(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.A five-judge apex court bench, as early as 1962 in the M.R. Balaji v. State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.Five years later, in 1967, another five-judge bench in C.A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion. The apex court has now re-iterated that Articles 16(4) and 16(4A) do not confer any fundamental rights to claim reservations in promotion. It is for the state government to decide whether reservations are required for appointment and promotions to public posts, it said.“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions,” it observed. However, if the state government does want to exercise this discretion and provide reservations, it would have to first collect quantifiable data showing inadequacy of representation of that class in public services.It further ruled that since Article 16(4) and 16 (4A) do not provide a fundamental right, courts cannot issue a direction to the state government to provide reservations. It clarified that since the state government had decided not to provide reservations, it did not have to collect quantifiable data at all.The Central Govt. wants to provide reservation in promotion to SC and ST across the country as a Fundamental Right. Advice.The Amy Group Pvt. Ltd. is the biggest company of India. It is mainly represented by Gujarati upper caste Hindus. A petition is filed before the SC to direct the Amy group to ensure reservation in promotion to the vulnerable sections of society. Decide.a)The petition will be allowed as it is paramount that members of Indian society should be represented in the biggest company of India.b)The petition will be rejected as Amy Group is not a State and Fundamental rights will not apply to it.c)The petition will be rejected as Reservation is promotion is not a fundamental right.d)"The petition will be allowed as Mr Ambani is a true patriot and will support assertive action.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of 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(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.A five-judge apex court bench, as early as 1962 in the M.R. Balaji v. State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.Five years later, in 1967, another five-judge bench in C.A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion. The apex court has now re-iterated that Articles 16(4) and 16(4A) do not confer any fundamental rights to claim reservations in promotion. It is for the state government to decide whether reservations are required for appointment and promotions to public posts, it said.“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions,” it observed. However, if the state government does want to exercise this discretion and provide reservations, it would have to first collect quantifiable data showing inadequacy of representation of that class in public services.It further ruled that since Article 16(4) and 16 (4A) do not provide a fundamental right, courts cannot issue a direction to the state government to provide reservations. It clarified that since the state government had decided not to provide reservations, it did not have to collect quantifiable data at all.The Central Govt. wants to provide reservation in promotion to SC and ST across the country as a Fundamental Right. Advice.The Amy Group Pvt. Ltd. is the biggest company of India. It is mainly represented by Gujarati upper caste Hindus. A petition is filed before the SC to direct the Amy group to ensure reservation in promotion to the vulnerable sections of society. Decide.a)The petition will be allowed as it is paramount that members of Indian society should be represented in the biggest company of India.b)The petition will be rejected as Amy Group is not a State and Fundamental rights will not apply to it.c)The petition will be rejected as Reservation is promotion is not a fundamental right.d)"The petition will be allowed as Mr Ambani is a true patriot and will support assertive action.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for 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(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.A five-judge apex court bench, as early as 1962 in the M.R. Balaji v. State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.Five years later, in 1967, another five-judge bench in C.A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion. The apex court has now re-iterated that Articles 16(4) and 16(4A) do not confer any fundamental rights to claim reservations in promotion. It is for the state government to decide whether reservations are required for appointment and promotions to public posts, it said.“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions,” it observed. However, if the state government does want to exercise this discretion and provide reservations, it would have to first collect quantifiable data showing inadequacy of representation of that class in public services.It further ruled that since Article 16(4) and 16 (4A) do not provide a fundamental right, courts cannot issue a direction to the state government to provide reservations. It clarified that since the state government had decided not to provide reservations, it did not have to collect quantifiable data at all.The Central Govt. wants to provide reservation in promotion to SC and ST across the country as a Fundamental Right. Advice.The Amy Group Pvt. Ltd. is the biggest company of India. It is mainly represented by Gujarati upper caste Hindus. A petition is filed before the SC to direct the Amy group to ensure reservation in promotion to the vulnerable sections of society. Decide.a)The petition will be allowed as it is paramount that members of Indian society should be represented in the biggest company of India.b)The petition will be rejected as Amy Group is not a State and Fundamental rights will not apply to it.c)The petition will be rejected as Reservation is promotion is not a fundamental right.d)"The petition will be allowed as Mr Ambani is a true patriot and will support assertive action.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of 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(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.A five-judge apex court bench, as early as 1962 in the M.R. Balaji v. State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.Five years later, in 1967, another five-judge bench in C.A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion. The apex court has now re-iterated that Articles 16(4) and 16(4A) do not confer any fundamental rights to claim reservations in promotion. It is for the state government to decide whether reservations are required for appointment and promotions to public posts, it said.“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions,” it observed. However, if the state government does want to exercise this discretion and provide reservations, it would have to first collect quantifiable data showing inadequacy of representation of that class in public services.It further ruled that since Article 16(4) and 16 (4A) do not provide a fundamental right, courts cannot issue a direction to the state government to provide reservations. It clarified that since the state government had decided not to provide reservations, it did not have to collect quantifiable data at all.The Central Govt. wants to provide reservation in promotion to SC and ST across the country as a Fundamental Right. Advice.The Amy Group Pvt. Ltd. is the biggest company of India. It is mainly represented by Gujarati upper caste Hindus. A petition is filed before the SC to direct the Amy group to ensure reservation in promotion to the vulnerable sections of society. Decide.a)The petition will be allowed as it is paramount that members of Indian society should be represented in the biggest company of India.b)The petition will be rejected as Amy Group is not a State and Fundamental rights will not apply to it.c)The petition will be rejected as Reservation is promotion is not a fundamental right.d)"The petition will be allowed as Mr Ambani is a true patriot and will support assertive action.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice 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(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.A five-judge apex court bench, as early as 1962 in the M.R. Balaji v. State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.Five years later, in 1967, another five-judge bench in C.A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion. The apex court has now re-iterated that Articles 16(4) and 16(4A) do not confer any fundamental rights to claim reservations in promotion. It is for the state government to decide whether reservations are required for appointment and promotions to public posts, it said.“It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts. Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions,” it observed. However, if the state government does want to exercise this discretion and provide reservations, it would have to first collect quantifiable data showing inadequacy of representation of that class in public services.It further ruled that since Article 16(4) and 16 (4A) do not provide a fundamental right, courts cannot issue a direction to the state government to provide reservations. It clarified that since the state government had decided not to provide reservations, it did not have to collect quantifiable data at all.The Central Govt. wants to provide reservation in promotion to SC and ST across the country as a Fundamental Right. Advice.The Amy Group Pvt. Ltd. is the biggest company of India. It is mainly represented by Gujarati upper caste Hindus. A petition is filed before the SC to direct the Amy group to ensure reservation in promotion to the vulnerable sections of society. Decide.a)The petition will be allowed as it is paramount that members of Indian society should be represented in the biggest company of India.b)The petition will be rejected as Amy Group is not a State and Fundamental rights will not apply to it.c)The petition will be rejected as Reservation is promotion is not a fundamental right.d)"The petition will be allowed as Mr Ambani is a true patriot and will support assertive action.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.

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