created under Clause (4)
of Article 16 itself - or under Article 16 (4) read with Article 340 - as a
concomitant of the power to identify
said clause shall not be varied by any
subsequent notification."
Article 340 of the Constitution empowers the President of
India to appoint a Commission ... tribes
on a detailed study by the Commission appointed under Article
340 of the Constitution of India in relation to the
backwardness of such tribes
Article 16(4) is not an exception to Article
16(1). It is an instance of classification
inherent in Article 16(1). Article ... contemplated by Article 16(4). The
weaker sections referred to Article 46 do
include S.E.B.Cs. referred to in Article 340
and covered
President of India has been pleased to appoint a Commission under
Article 340 of the Constitution to examine the sub-categorisation of
Other Backward Classes
National Commission for Scheduled Castes under article 338 and the National Commission for Scheduled Tribes under article 338A which were introduced in the Constitution ... invalid. However, it noted that social and educationally backward class under article 340 had to be construed in a limited sense and did not have
Vivekanand Tiwari And Anr. vs Union Of India And 5 Ors. on 7 April, 2017
investing an amount
of Rs. 1,93,340/-. The trial court further fixed the value of
articles and ornaments recovered from the house
reported in (2006) 5 SCC, 340, on the
point of limitation prescribed under
Article 54 of the Limitation Act . It is
contended that plea
citizens. Article 16(4) which
enables such State action, therefore, permits
protective discrimination to make the equality
clause guaranteed by Articles ... touchstone of the provisions
contained in Articles 38 , 46 , 335 , 338 , 338A
and 340 of the Constitution. Relevant data
demonstrating the social and economic
deprivation
valuable right
which was recognized by Section 340 Cr.P.C. Article
22 (1) on its language makes that right a
constitutional right, and unless ... judicial construction........ It is
submitted that Article 22 (1) makes the statutory
right under Section 340 Cr.P.C. a Constitutional
right in respect