In which of the following cases was the following observation made by the Supreme Court of India: "The beauty of the Indian Constitution is that the entire structure of the country is based thereupon. It is the very pillar upon which the democracy of India stands."a)Union of India v. Naveen Jindalb)Vishakha v. State of Rajasthanc)Kesavananda Bharati v State of Keralad)Olga Tellis v Municipal Corporation of BombayCorrect answer is option 'A'. Can you explain this answer?

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CLAT Exam > CLAT Questions > In which of the following cases was the foll...

a)
Union of India v. Naveen Jindal
b)
Vishakha v. State of Rajasthan
c)
Kesavananda Bharati v State of Kerala
d)
Olga Tellis v Municipal Corporation of Bombay

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

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In which of the following cases was the following observation made by...

Union of India v. Naveen Jindal, SLP (c) No. 15849/1994, dated 23-01-2004

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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. Article 16(6) have been inserted in the constitution.This enables the State to provide the benefits of reservation on preferential basis to the Economically Weaker Sections (EWSs) in civil posts and services in the Government of India without adversely affecting the proportionate seats of Scheduled Castes/ Scheduled Tribes and Other Backward Classes. Based on the author's argument and given information, will the EWS reservation adversely affect the SC/STs reservation?

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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.Article 16(6) have been inserted in the constitution. This enables the State to provide the benefits of reservation on preferential basis to the Economically Weaker Sections (EWSs) in civil posts and services in the Government of India without adversely affecting the proportionate seats of Scheduled Castes/ Scheduled Tribes and Other Backward Classes. Based on the authors argument and given information, will the EWS reservation adversely affect the SC/STs reservation?

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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.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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Which doctrine asserts that certain characteristics of a constitution cannot be erased by its legislature and was developed in India through cases like Kesavananda Bharati v. State of Kerala?

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The Constitution which lays down the basic structure of a nation's polity is built on the foundations of certain fundamental values. The vision of socio-economic change through the Constitution is reflected in its lofty Preamble.The Preamble expresses the ideals and aspirations of a renascent India. By the year 1949, the Constituent Assembly had completed the drafting of the Fundamental Rights Chapter. Fundamental Rights are constitutional guarantees for the human rights of our people. These rights were one of the persistent demands of our leaders throughout the freedom struggle. The founding fathers were conscious of the fact that mere political democracy, i.e., getting the right to vote once in five years or so was meaningless unless it was accompanied by social and economic democracy. Dr. Ambedkar had said:"We do not want merely to lay down a mechanism to enable people to come and capture power. The Constitution also wishes to lay down an ideal before those who would be forming the government. That ideal is of economic democracy."Our founding fathers, however, were far-sighted people therefore they consolidated the principles of good governance as Directive Principles contradistinguished from issues of rights, government and politics.That is how the vision of our founding fathers and the aims and objectives which they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental Rights and the Directive Principles. These three may be described as the soul of the Constitution and the testament of the founding fathers to the succeeding generations together with the later Part on Fundamental Duties.Q. It is fundamental right of every citizen not to be discriminated on the ground of religion, race, sex, place of birth or any of them. However, nothing in the fundamental rights shall prevent the state from making any special provision for women, children or elderly. State of XYZ enacted a law granting reservation of 50% in National Law School XYZ - to the native students scoring more than 75% percent in XII Examination. Based on the essence of the passage, decide whether the move of reservation is constitutional or not

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In which of the following cases was the following observation made by the Supreme Court of India: "The beauty of the Indian Constitution is that the entire structure of the country is based thereupon. It is the very pillar upon which the democracy of India stands."a)Union of India v. Naveen Jindalb)Vishakha v. State of Rajasthanc)Kesavananda Bharati v State of Keralad)Olga Tellis v Municipal Corporation of BombayCorrect answer is option 'A'. Can you explain this answer?

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