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1 - 5 of 5 (2.98 seconds)Article 15 in Constitution of India [Constitution]
M. R. Balaji And Others vs State Of Mysore on 28 September, 1962
The first challenge is to r. 5 on the ground that it
violates Art. 15 of the Constitution. Article 15 forbids
discrimination against any citizen on the grounds only of
religion, race, caste, sex, place of birth or any of them.
At the same time Art. 15 (4) inter alia permits the State to
make any special provision for the advancement of any
socially and educationally backward classes of citizens.
The contention is that the list of socially, and
educationally backward classes for whom reservation is made
under r. 5 nothing but a list of certain castes. Therefore,
reservation in favour of certain castes based only on caste
considerations violates Art. 15(1), which prohibits
discrimination on the ground of caste only. Now if the
reservation in question bad been based only on caste and had
not taken into account the social and educational
backwardness of the caste in question, it would be violative
of Art. 15(1), But it must not be forgotten that a caste is
also a class of citizens and if the caste is a whole is
socially and educationally backward reservation can be made
in favour of such a caste on the around that it is a
socially and educationally backward class of citizens within
the meaning of Art. 15(4). Reference in this connection may
be made to the observations of this Court in M. R. Balaji v.
State of Mysore(1) to the effect that it was not irrelevant
to consider the caste of a class of citizens in determining
their social and educational backwardness. It was further
observed that though the caste of a class of citizens may
(1) [1963] Supp. 1 S.C.R. 439 at p. 459-460.
Article 21 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
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