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Prepare for the UPSC Exam with BYJU'S knowledge series. A key topic - Indra Sawhney Case, Indra Sawhney Vs Union Of India, 1992 is discussed in the session. This is a crucial topic in Indian Polity for UPSC Prelims & Mains Exam 2022-2023.
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Affirmative action, which is commonly referred to in India as reservation, was an earnest attempt by the framers of the Constitution to bring in socio-economic equality in Indian society, particularly, the reservation in matters of Public Employment.
The court in the Indra Sawhney case tried to come up with a solution that is reasonable and strikes a fine balance between the society and rights of the backward classes.
Removing economic criteria as the sole determinant of classification was also a step in the right direction as was the exclusion of the creamy layer who had already benefited enough from affirmative action.
The following topics are discussed in the session:
1. Indra Sawhney Case (00:00)
2. Art 16: Equality of Opportunity in Public Employment (1:48)
3. Reservation in Public Employment (3:46)
4. Article 46: DPSP (6:18)
5. Article 340 (7:35)
6. 1st Backward Classes Commission (8:25)
7. 2nd Backward Classes Commission (10:16)
8. Indra Sawhney Case’92 (16:16)
9. 103rd Amendment Act’19 (28:37)
10. Mukesh Kumar Judgment 2020 (29:31)
Some major aspects related to the topic, such as the Union of India, Indra Sawhney judgement, Indra Sawhney case verdict, and Indra Sawhney Case 1992 details, are also discussed in the session.
Article 16: Equality of Opportunity in Public Employment states that
- There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
- No discrimination in matters of employment or office under the State on grounds only of
- Religion
- Race
- Caste
- Sex
- Descent
- Place of birth
- Residence or any of them.
Art 16(4): The State can make reservations in favour of backward classes if they are not adequately represented in the government jobs.
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