Y. K. SABHARWAL, K. G. BALAKRISHNAN, S. H. KAPADIA, C. K. THAKKER, P. K. BALASUBRAMANYAN
M. Nagaraj – Appellant
Versus
Union of India – Respondent
The court's judgement acknowledges the concept of the "creamy layer" as an important aspect of ensuring proportional and egalitarian reservation policies. It recognizes that the idea of excluding the "creamy layer" among backward classes is a means to prevent reverse discrimination and to make affirmative action more effective and just. The judgement explicitly states that the "creamy layer" concept has been accepted as a valid criterion for exclusion within backward classes, including SCs and STs, and is part of the constitutional scheme to balance equality and social justice.
However, the court emphasizes that the determination of backwardness and the application of the "creamy layer" concept are to be based on objective data and are within the domain of the concerned authorities. It does not direct the government to introduce the "creamy layer" concept anew but recognizes its role as part of the existing constitutional and judicial framework for implementing reservation policies.
In summary, the court's judgement does not explicitly ask the government to introduce the "creamy layer" concept for SCs and STs, but it affirms the importance and validity of the concept within the existing constitutional scheme and affirms its role in the context of reservations. It underscores that the application of such concepts must be based on objective data and within constitutional limits.
[Refer to the discussion of proportional equality and the recognition of the "creamy layer" concept in the context of reservations, which is supported by the references to the principles of social justice, equality, and affirmative action in the judgement.]
JUDGMENT
Kapadia, J.—The width and amplitude of the right to equal opportunity in public employment, in the context of reservation, broadly falls for consideration in these writ petitions under Article 32 of the Constitution.
FACTS IN WRIT PETITION (CIVIL) NO. 61 OF 2002 :
2. The facts in the above writ petition, which is the lead petition, are as follows.
Petitioners have invoked Article 32 of the Constitution for a writ in the nature of certiorari to quash the Constitution (Eighty-Fifth Amendment] Act, 2001 inserting Article 16(4A) of the Constitution retrospectively from 17.6.1995 providing reservation in promotion with consequential seniority as being unconstitutional and violative of the basic structure. According to the petitioners, the impugned amendment reverses the decisions of this Court in the case of Union of India and others v. Virpal Singh Chauhan and others1, Ajit Singh Januja and others v. State of Punjab and others2 (Ajit Singh-I), Ajit Singh and others (II) v. State of Punjab and others3, Ajit Singh and others (III) v. State of Punjab and others4, Indra Sawhney and others v. Union of India5, and M. G. Badappanavar and another v. State of Karnataka and others6. Petiti
Kihoto Hollohan v. Zachillhu & Others
Indra Sawhney and others v. Union of India
Minerva Mills Ltd. and others v. Union of India and others
Indira Nehru Gandhi v. Raj Narain
Ajit Singh Januja and others (I) v. State of Punjab and others
S. Vinod Kumar and another v. Union of India and others
Jagdish Lal and others v. State of Haryana and others
Ajit Singh and others (III) v. State of Punjab and others
Ajit Singh and others (II) v. State of Punjab and others
M.G. Badappanavar and another v. State of Karnataka and others
Sakal Papers (P) Ltd. & others v. Union of India and others
M.R. Balaji & Ors. v. The State of Mysore & Ors.
State of Kerala and another v. N.M. Thomas and others
Maneka Gandhi v. Union of India and another
Akhil Bhartiya Soshit Karamchari Sangh (Railway) v. Union of India and others
Ajay Hasia and others v. Khalid Mujib Sehravardi and others
R.K. Sabharwal and others v. State of Punjab and others
T. Devadasan v. Union of India and another
Kesavananda Bharati Sripadagalvaru and others v. State of Kerala and another
Union of India and others v. Virpal Singh Chauhan and others
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