RANJIT MORE, BHARATI H.DANGRE
Jishri Laxmnarao Patil, Member Indian Constitutionalist Council – Appellant
Versus
Chief Minister of State of Maharashtra – Respondent
JUDGMENT :
Ranjit More, J.
1. Every democracy is challenged by the complex task of providing social justice to sections that have been traditionally discriminated against, while ensuing that such affirmative action does not hinder opportunities offered to the rest of the population. The caste system deeply embodied in Indian society is accused of widespread discrimination on basis of descent and birth. Successive Governments have sought to redress this inequity through policy of affirmative action, which is perceived as policies formulated with a view to increase opportunities for the disadvantaged class. The Constitution itself has endeavored to rectify discrimination against group of people often loosely referred to as "Other Backward Class" through Articles 15, 16, 335 and 340. The absence of precise definition of this term, resulted in development of a method to identify them and determine who exactly comprised the Other Backward Class. This vexatious issue persisted since the Constitution came into force and has perplexed the Indian Judicial System since long. At times, this
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