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The 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 author's arguments in the passage above, which of the following statements is least inferential with respect to introduction of creamy layer in the SC/ST reservation made in the passage above?
  • a)
    SC/ST reservation policy has led in the uplifting of communities and castes that were at historical disadvantaged and socially oppressed.
  • b)
    SC/ST reservation policy resulted into inequality and conferred unequal benefits to some castes or communities who swept the benefits at the expense of others.
  • c)
    SC/ST reservation policy has will help in aligning with the object of the Constitution and social justice norms.
  • d)
    SC/ST reservation policy will help to further social justice, equality and egalitarian socialism.
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
The Union government has called upon the Supreme Court to form a seve...
Correct Answer is (b)
Statement given "SC/ST reservation policy resulted into inequality and conferred unequal benefits to some castes or communities who swept the benefits at the expense of others." cannot be inferred from the passage and do not flow from any argument given by the author. Choice b become least inferential as a part of the argument made in the above passage.
Incorrect Answers
None of the other options sets out views that are consistent with those of the author in the passage above. Option a, c and d can be inferred, directly or indirectly, from the author's argument. All the options can be inferred from the passage itself.
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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 in the passage above, which of the following statements is least inferential with respect to introduction of creamy layer in the SC/ST reservation made in the passage above?

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

The 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 author's arguments that may result in the defeat of the object of the Constitution amendments, which of the following would be most correct

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.Under Article 235 of the Constitution of India, the administrative control over the members of district and subordinate judiciary in the States vest with the concerned High Court. Further, the State Government, in consultation with the High Court, frames the Rules and Regulations regarding the issues of appointment, promotion, and reservations etc. of Judicial Officers in the State Judicial Service. Therefore, Central Government has no role in this regard. Based only on the principle of law and argument identified by the author above, would such a reservation be valid if made by the Central Government?

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.Teachers recruitment to Sainik School is strictly merit based through a competitive exam and medical fitness. It has been decided on 10th January, 2020 to have 27% reservation for SC/ST in admissions to align with the constitutional mandate. However, reservation in promotion to SC/STs are denied if they fall in creamy layer i.e. 10 lakh salary p.a. Based on the inference drawn, what should be the authors stand on the creamy layer in the SC/ST reservation?

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The 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 author's arguments in the passage above, which of the following statements is least inferential with respect to introduction of creamy layer in the SC/ST reservation made in the passage above?a)SC/ST reservation policy has led in the uplifting of communities and castes that were at historical disadvantaged and socially oppressed.b)SC/ST reservation policy resulted into inequality and conferred unequal benefits to some castes or communities who swept the benefits at the expense of others.c)SC/ST reservation policy has will help in aligning with the object of the Constitution and social justice norms.d)SC/ST reservation policy will help to further social justice, equality and egalitarian socialism.Correct answer is option 'B'. Can you explain this answer?
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The 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 author's arguments in the passage above, which of the following statements is least inferential with respect to introduction of creamy layer in the SC/ST reservation made in the passage above?a)SC/ST reservation policy has led in the uplifting of communities and castes that were at historical disadvantaged and socially oppressed.b)SC/ST reservation policy resulted into inequality and conferred unequal benefits to some castes or communities who swept the benefits at the expense of others.c)SC/ST reservation policy has will help in aligning with the object of the Constitution and social justice norms.d)SC/ST reservation policy will help to further social justice, equality and egalitarian socialism.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 The 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 author's arguments in the passage above, which of the following statements is least inferential with respect to introduction of creamy layer in the SC/ST reservation made in the passage above?a)SC/ST reservation policy has led in the uplifting of communities and castes that were at historical disadvantaged and socially oppressed.b)SC/ST reservation policy resulted into inequality and conferred unequal benefits to some castes or communities who swept the benefits at the expense of others.c)SC/ST reservation policy has will help in aligning with the object of the Constitution and social justice norms.d)SC/ST reservation policy will help to further social justice, equality and egalitarian socialism.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 The 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 author's arguments in the passage above, which of the following statements is least inferential with respect to introduction of creamy layer in the SC/ST reservation made in the passage above?a)SC/ST reservation policy has led in the uplifting of communities and castes that were at historical disadvantaged and socially oppressed.b)SC/ST reservation policy resulted into inequality and conferred unequal benefits to some castes or communities who swept the benefits at the expense of others.c)SC/ST reservation policy has will help in aligning with the object of the Constitution and social justice norms.d)SC/ST reservation policy will help to further social justice, equality and egalitarian socialism.Correct answer is option 'B'. Can you explain this answer?.
Solutions for The 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 author's arguments in the passage above, which of the following statements is least inferential with respect to introduction of creamy layer in the SC/ST reservation made in the passage above?a)SC/ST reservation policy has led in the uplifting of communities and castes that were at historical disadvantaged and socially oppressed.b)SC/ST reservation policy resulted into inequality and conferred unequal benefits to some castes or communities who swept the benefits at the expense of others.c)SC/ST reservation policy has will help in aligning with the object of the Constitution and social justice norms.d)SC/ST reservation policy will help to further social justice, equality and egalitarian socialism.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 The 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 author's arguments in the passage above, which of the following statements is least inferential with respect to introduction of creamy layer in the SC/ST reservation made in the passage above?a)SC/ST reservation policy has led in the uplifting of communities and castes that were at historical disadvantaged and socially oppressed.b)SC/ST reservation policy resulted into inequality and conferred unequal benefits to some castes or communities who swept the benefits at the expense of others.c)SC/ST reservation policy has will help in aligning with the object of the Constitution and social justice norms.d)SC/ST reservation policy will help to further social justice, equality and egalitarian socialism.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The 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 author's arguments in the passage above, which of the following statements is least inferential with respect to introduction of creamy layer in the SC/ST reservation made in the passage above?a)SC/ST reservation policy has led in the uplifting of communities and castes that were at historical disadvantaged and socially oppressed.b)SC/ST reservation policy resulted into inequality and conferred unequal benefits to some castes or communities who swept the benefits at the expense of others.c)SC/ST reservation policy has will help in aligning with the object of the Constitution and social justice norms.d)SC/ST reservation policy will help to further social justice, equality and egalitarian socialism.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for The 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 author's arguments in the passage above, which of the following statements is least inferential with respect to introduction of creamy layer in the SC/ST reservation made in the passage above?a)SC/ST reservation policy has led in the uplifting of communities and castes that were at historical disadvantaged and socially oppressed.b)SC/ST reservation policy resulted into inequality and conferred unequal benefits to some castes or communities who swept the benefits at the expense of others.c)SC/ST reservation policy has will help in aligning with the object of the Constitution and social justice norms.d)SC/ST reservation policy will help to further social justice, equality and egalitarian socialism.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of The 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 author's arguments in the passage above, which of the following statements is least inferential with respect to introduction of creamy layer in the SC/ST reservation made in the passage above?a)SC/ST reservation policy has led in the uplifting of communities and castes that were at historical disadvantaged and socially oppressed.b)SC/ST reservation policy resulted into inequality and conferred unequal benefits to some castes or communities who swept the benefits at the expense of others.c)SC/ST reservation policy has will help in aligning with the object of the Constitution and social justice norms.d)SC/ST reservation policy will help to further social justice, equality and egalitarian socialism.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The 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 author's arguments in the passage above, which of the following statements is least inferential with respect to introduction of creamy layer in the SC/ST reservation made in the passage above?a)SC/ST reservation policy has led in the uplifting of communities and castes that were at historical disadvantaged and socially oppressed.b)SC/ST reservation policy resulted into inequality and conferred unequal benefits to some castes or communities who swept the benefits at the expense of others.c)SC/ST reservation policy has will help in aligning with the object of the Constitution and social justice norms.d)SC/ST reservation policy will help to further social justice, equality and egalitarian socialism.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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