TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Supreme Court Clears Path for NIA Probe in Murshidabad Violence, Rejects West Bengal’s Stay Plea

    Supreme Court Clears Path for NIA Probe in Murshidabad Violence, Rejects West Bengal’s Stay Plea

    Jnanpith Award to Vairamuthu Sparks Row: Critics Call Him ‘DMK Stooge’ and Recall His Wild Attacks on Hindu Deities

    Jnanpith Award to Vairamuthu Sparks Row: Critics Call Him ‘DMK Stooge’ and Recall His Wild Attacks on Hindu Deities

    Amrutanjan Health Care Limited in Legal Battle Over Kapaleeswarar Temple Land Rent Dispute

    Amrutanjan Health Care Limited in Legal Battle Over Kapaleeswarar Temple Land Rent Dispute

    India’s Jobless Rate Drops to 4.9% in February, Signalling Gradual Improvement in Labour Market

    India’s Jobless Rate Drops to 4.9% in February, Signalling Gradual Improvement in Labour Market

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Grok Calls Benjamin Netanyahu’s Coffee Video a Deepfake; But What Is the Reality?

    Grok Calls Benjamin Netanyahu’s Coffee Video a Deepfake; But What Is the Reality?

    Jaishankar Backs Talks with Iran to Reopen Strait of Hormuz; Says No ‘Blanket Arrangement’ for Indian Ships

    Jaishankar Backs Talks with Iran to Reopen Strait of Hormuz; Says No ‘Blanket Arrangement’ for Indian Ships

    Third Indian Tanker Crosses Strait of Hormuz Safely as Navy-Escorted Shivalik and Nanda Devi Set to Arrive Today

    Third Indian Tanker Crosses Strait of Hormuz Safely as Navy-Escorted Shivalik and Nanda Devi Set to Arrive Today

    Govt Urges LPG Users to Switch to Piped Gas Amid Supply Strain from West Asia Tensions

    Govt Urges LPG Users to Switch to Piped Gas Amid Supply Strain from West Asia Tensions

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Third Indian Tanker Crosses Strait of Hormuz Safely as Navy-Escorted Shivalik and Nanda Devi Set to Arrive Today

    Third Indian Tanker Crosses Strait of Hormuz Safely as Navy-Escorted Shivalik and Nanda Devi Set to Arrive Today

    Hormuz Crisis: While Trump Seeks Help from China, the Indian Navy Is Returning to India Escorting ‘Shivalik’ and ‘Nanda’

    Hormuz Crisis: While Trump Seeks Help from China, the Indian Navy Is Returning to India Escorting ‘Shivalik’ and ‘Nanda’

    Iran Grants Indian Ships Passage Through Strait of Hormuz; PM Modi Reaffirms Friendship Amid Regional Tensions

    Iran Grants Indian Ships Passage Through Strait of Hormuz; PM Modi Reaffirms Friendship Amid Regional Tensions

    From Stadiums to Social Media: Why Kavya Maran is in the Spotlight?

    From Stadiums to Social Media: Why Kavya Maran is in the Spotlight?

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Jaishankar Backs Talks with Iran to Reopen Strait of Hormuz; Says No ‘Blanket Arrangement’ for Indian Ships

    Jaishankar Backs Talks with Iran to Reopen Strait of Hormuz; Says No ‘Blanket Arrangement’ for Indian Ships

    Hormuz Crisis: While Trump Seeks Help from China, the Indian Navy Is Returning to India Escorting ‘Shivalik’ and ‘Nanda’

    Hormuz Crisis: While Trump Seeks Help from China, the Indian Navy Is Returning to India Escorting ‘Shivalik’ and ‘Nanda’

    Iran Grants Indian Ships Passage Through Strait of Hormuz; PM Modi Reaffirms Friendship Amid Regional Tensions

    Iran Grants Indian Ships Passage Through Strait of Hormuz; PM Modi Reaffirms Friendship Amid Regional Tensions

    Govt Urges LPG Users to Switch to Piped Gas Amid Supply Strain from West Asia Tensions

    Govt Urges LPG Users to Switch to Piped Gas Amid Supply Strain from West Asia Tensions

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    1993 Mumbai Blasts and Transformation of India’s Urban Security

    1993 Mumbai Blasts and Transformation of India’s Urban Security

    Silenced and Forgotten: How China Suppressed Justice for Xiao Huamei and Zhang Zhan

    Silenced and Forgotten: How China Suppressed Justice for Xiao Huamei and Zhang Zhan

    Tibetans and Unbroken Cry of Tibet: Memory, Resistance, Weight of Silence

    Tibetans and Unbroken Cry of Tibet: Memory, Resistance, Weight of Silence

    International Women’s Day

    International Women’s Day: Could the West Match the Rights Women Had in the Vedic Era?

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Comparison of the Stake App (PWA) and the Mobile Website

    Comparison of the Stake App (PWA) and the Mobile Website

    Benefits and Challenges of Using Home Hemodialysis Equipment

    Benefits and Challenges of Using Home Hemodialysis Equipment

    First Steps to Start Using Nagad88

    First Steps to Start Using Nagad88

    Electric Bike vs Petrol Bike: Charging, Cost, and Maintenance Differences of Owning an Electric Bike in India

    Electric Bike vs Petrol Bike: Charging, Cost, and Maintenance Differences of Owning an Electric Bike in India

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Supreme Court Clears Path for NIA Probe in Murshidabad Violence, Rejects West Bengal’s Stay Plea

    Supreme Court Clears Path for NIA Probe in Murshidabad Violence, Rejects West Bengal’s Stay Plea

    Jnanpith Award to Vairamuthu Sparks Row: Critics Call Him ‘DMK Stooge’ and Recall His Wild Attacks on Hindu Deities

    Jnanpith Award to Vairamuthu Sparks Row: Critics Call Him ‘DMK Stooge’ and Recall His Wild Attacks on Hindu Deities

    Amrutanjan Health Care Limited in Legal Battle Over Kapaleeswarar Temple Land Rent Dispute

    Amrutanjan Health Care Limited in Legal Battle Over Kapaleeswarar Temple Land Rent Dispute

    India’s Jobless Rate Drops to 4.9% in February, Signalling Gradual Improvement in Labour Market

    India’s Jobless Rate Drops to 4.9% in February, Signalling Gradual Improvement in Labour Market

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Grok Calls Benjamin Netanyahu’s Coffee Video a Deepfake; But What Is the Reality?

    Grok Calls Benjamin Netanyahu’s Coffee Video a Deepfake; But What Is the Reality?

    Jaishankar Backs Talks with Iran to Reopen Strait of Hormuz; Says No ‘Blanket Arrangement’ for Indian Ships

    Jaishankar Backs Talks with Iran to Reopen Strait of Hormuz; Says No ‘Blanket Arrangement’ for Indian Ships

    Third Indian Tanker Crosses Strait of Hormuz Safely as Navy-Escorted Shivalik and Nanda Devi Set to Arrive Today

    Third Indian Tanker Crosses Strait of Hormuz Safely as Navy-Escorted Shivalik and Nanda Devi Set to Arrive Today

    Govt Urges LPG Users to Switch to Piped Gas Amid Supply Strain from West Asia Tensions

    Govt Urges LPG Users to Switch to Piped Gas Amid Supply Strain from West Asia Tensions

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Third Indian Tanker Crosses Strait of Hormuz Safely as Navy-Escorted Shivalik and Nanda Devi Set to Arrive Today

    Third Indian Tanker Crosses Strait of Hormuz Safely as Navy-Escorted Shivalik and Nanda Devi Set to Arrive Today

    Hormuz Crisis: While Trump Seeks Help from China, the Indian Navy Is Returning to India Escorting ‘Shivalik’ and ‘Nanda’

    Hormuz Crisis: While Trump Seeks Help from China, the Indian Navy Is Returning to India Escorting ‘Shivalik’ and ‘Nanda’

    Iran Grants Indian Ships Passage Through Strait of Hormuz; PM Modi Reaffirms Friendship Amid Regional Tensions

    Iran Grants Indian Ships Passage Through Strait of Hormuz; PM Modi Reaffirms Friendship Amid Regional Tensions

    From Stadiums to Social Media: Why Kavya Maran is in the Spotlight?

    From Stadiums to Social Media: Why Kavya Maran is in the Spotlight?

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Jaishankar Backs Talks with Iran to Reopen Strait of Hormuz; Says No ‘Blanket Arrangement’ for Indian Ships

    Jaishankar Backs Talks with Iran to Reopen Strait of Hormuz; Says No ‘Blanket Arrangement’ for Indian Ships

    Hormuz Crisis: While Trump Seeks Help from China, the Indian Navy Is Returning to India Escorting ‘Shivalik’ and ‘Nanda’

    Hormuz Crisis: While Trump Seeks Help from China, the Indian Navy Is Returning to India Escorting ‘Shivalik’ and ‘Nanda’

    Iran Grants Indian Ships Passage Through Strait of Hormuz; PM Modi Reaffirms Friendship Amid Regional Tensions

    Iran Grants Indian Ships Passage Through Strait of Hormuz; PM Modi Reaffirms Friendship Amid Regional Tensions

    Govt Urges LPG Users to Switch to Piped Gas Amid Supply Strain from West Asia Tensions

    Govt Urges LPG Users to Switch to Piped Gas Amid Supply Strain from West Asia Tensions

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    1993 Mumbai Blasts and Transformation of India’s Urban Security

    1993 Mumbai Blasts and Transformation of India’s Urban Security

    Silenced and Forgotten: How China Suppressed Justice for Xiao Huamei and Zhang Zhan

    Silenced and Forgotten: How China Suppressed Justice for Xiao Huamei and Zhang Zhan

    Tibetans and Unbroken Cry of Tibet: Memory, Resistance, Weight of Silence

    Tibetans and Unbroken Cry of Tibet: Memory, Resistance, Weight of Silence

    International Women’s Day

    International Women’s Day: Could the West Match the Rights Women Had in the Vedic Era?

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Comparison of the Stake App (PWA) and the Mobile Website

    Comparison of the Stake App (PWA) and the Mobile Website

    Benefits and Challenges of Using Home Hemodialysis Equipment

    Benefits and Challenges of Using Home Hemodialysis Equipment

    First Steps to Start Using Nagad88

    First Steps to Start Using Nagad88

    Electric Bike vs Petrol Bike: Charging, Cost, and Maintenance Differences of Owning an Electric Bike in India

    Electric Bike vs Petrol Bike: Charging, Cost, and Maintenance Differences of Owning an Electric Bike in India

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Understanding Indra Sawhney Case: The post-Mandal “reservation criteria has glaring loopholes in it”

Indra Sawhney's judgement brought some sense, at least to the top end of polity.

Abhishek Kumar Singh by Abhishek Kumar Singh
9 December 2022
in Law
Indra Sawhney Case
Share on FacebookShare on X

Indra Sawhney Case: Mandal Commission is considered as the tipping point of class and caste division in politically independent India. Common understanding is that the country was divided in two halves. The radical nature of this division was close to the religious divide observed on the eve of independence. Indra Sawhney’s judgement brought some sense, at least to the top end of polity. Despite that it has glaring loopholes in it, a feature in consistent with the way law works.

Issues before the Apex Court

After a few rounds of battle in the legislative domain, the issue of reservation finally reached the Apex Court. Lawyer Indra Sawhney challenged it on several grounds. These include denial of equality of opportunity, caste being not a reliable indicator of backwardness and the third and most obvious issue was that it would undermine the efficiency of public institutions.

RelatedPosts

From Prince to Patriot: Sayajirao Gaekwad III’s Journey towards India’s Freedom

Bilkis Bano Case Takes Centre Stage as CJI Forms Special Bench

The most iconic Indian case ever: 1973, Kesavananda Bharati vs State of Kerala – Part 2

Load More

Also read: Aruna Ramchandra Shanbaug vs. Union of India: The case that paved the way for Passive euthanasia

16(4) was held as enabler of 16(1)

Court looked into whether Article 16(4) is an exception of 16(1). 16(1) advocates equality of opportunity while 16(4) denies it to the non-backward class of citizens. According to 6-3 majority judgement, denying entry to non-backward class of citizens is a legitimate way to ensure equality of opportunity. Quote, “For assuring equality of opportunity, it may well be necessary in certain situations to treat unequally situated persons unequally”.

This line of reasoning was held to be in line with sentiment prevailing in Constituent Assembly debates. In his speech Dr. Ambedkar had abridged that a substantial number of members of the Assembly were in favour of provisions enabling entry of certain communities in administrative roles. Court observed that even without Article 16(4), states could make it possible, it is just that 16(4) made it more explicit.

Also read: The Case of Ismail Farooqui vs. Union of India: Why Hindus Can Worship in Ram Mandir

While this line of argument is true in its intent, the problem it created paved the way for anti-forward bias in the long run. By not declaring Article 16(4) as an exception, positive discrimination and equality became complimentary with each-other. It literally places the definition of equality on a loose pedestal.

This is important since definition of terms matter in defining the real life circumstances and obliterate confusions. We rely on numbers only because we need clear-cut criteria, and definitions are also supposed to do that job.

50 percent reservation criteria is not inflexible

The second loophole with this Judgement is 50 per cent criteria placed on the reservation ceiling. Court held that an institution can not mandate to provide for more than 50 per cent of reservation. Apparently, this should have resulted in a halt on using reservation for vote-bank politics. But it did not. 

The reason behind it is that concessions are allowed in exceptional circumstances. It is up to governments to decide what constitutes an exceptional circumstance. Akin to their nature, governments have not wasted a moment to breach this ceiling. They just made a law and put it under the 9th schedule to escape the scrutiny of the court.

Tamil Nadu, Telangana, Andhra Pradesh, Madhya Pradesh, Uttar Pradesh, Haryana, Rajasthan, Chhattisgarh, Maharashtra, and more recently, Jharkhand, have done this. Though, 9th Schedule is not fully immune after I R Coelho judgement, the blatant violations of 50 per cent cap is a testament to the flaw in Indra Sawhney judgement.

Also read: The Case of Ismail Farooqui vs. Union of India: Why Hindus Can Worship in Ram Mandir

Conundrum on criteria of backwardness and EWS reservation

This 50 per cent cap was used to cap caste based discrimination. When the Central government amended the Constitution to determine economic circumstance as a basis of backwardness, the 50 per cent ceiling just disappeared. As reported by TFI, the reason being that this upper limit was only effectively applicable to caste-based classifications under Articles 15(4), 15(5) and 16(4).

One of the reasons behind this new problem was that the Court did not foresee a futuristic Indian society in Indra Sawhney judgement. Government had provided for 10 per cent of reservation to Economically weaker section. In the Judgement, the Apex Court did not hold it to be an enabler of equality of opportunity under Clause 1 of Article 16.

According to the Apex Court, it would amount to discrimination against those individuals which are above the economic criteria fixed by the government. It was held to be Constitutionally invalid. More than 2 decades later, the government brought in constitutional amendment to give reservations to Economically Weaker Sections.

The Indra Sawhney case judgement is cited as one of the most balanced ones in India’s Judicial history. While it can be criticised on many fronts, it is also true that with this judgement a moral wall was created against populism.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=SxxNUkh7OWU&t=5s

Tags: 10% Reservation50 percent reservation criteriaApex CourtArticle 16Dr. AmbedkarI R Coelho judgementIndra SawhneyIndra Sawhney v Union of India verdict
ShareTweetSend
Previous Post

My aim in life Essay in English for students of class 5 to 9

Next Post

Brace yourselves, NJAC is coming back!

Related Posts

Miss India Earth 2019 Winner Sayali Surve Converts Back to Hinduism After Alleging ‘Love Jihad, Harassment by Muslim Husband’
Law

Miss India Earth 2019 Winner Sayali Surve Converts Back to Hinduism After Alleging ‘Love Jihad, Harassment by Muslim Husband’

11 March 2026

Sayali Surve, the winner of the Miss India Earth 2019 title, has reconverted to Hinduism after alleging harassment during...

7 Reasons to Hire a Personal Injury Lawyer After an Accident
Law

7 Reasons to Hire a Personal Injury Lawyer After an Accident

26 February 2026

It is important to hire a personal injury lawyer after an accident because they help protect your legal rights,...

Israeli Producer Behind Hit Show Tehran Found Dead in Athens; Who was Dana Eden?
Crime

Israeli Producer Behind Hit Show Tehran Found Dead in Athens; Who was Dana Eden?

17 February 2026

  Israeli television producer Dana Eden, known for her work on the award-winning spy thriller Tehran, was found dead...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Truth of IRIS Dena: 8 Days That Changed Narrative | War zone Reality, Not an Indian Navy Exercise

Truth of IRIS Dena: 8 Days That Changed Narrative | War zone Reality, Not an Indian Navy Exercise

00:08:02

300 Million Euros for SCALP: Strategic Necessity or Costly Dependency on France300

00:04:06

Tejas Mk1A: 19th aircraft coupled but Not Delivered: What Is Holding Back the IAF Induction?

00:07:21

Agni-3 Launch Decoded: Why Test an Active Nuclear Missile That’s Already Deployed?

00:05:05

India’s Swadesi ‘Meteor’: World’s Most Lethal BVR Missile | Gandiv| SFDR | DRDO

00:06:48
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited