TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Amit Shah Pushes for Unified Global Drug Laws, Warns Fragmented Systems Are Fueling Cartels

    Amit Shah Pushes for Unified Global Drug Laws, Warns Fragmented Systems Are Fueling Cartels

    Dhar Bhojshala

    Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

    Sanjeev Sanyal is renoned

    Sanjeev Sanyal: Is Bengal About to Get Its Own ‘Technocrat’ Finance Minister?

    Muslim Man Fakes Identity, Abducts Minor Girl in Muzaffarnagar, Shot During UP Police Encounter

    Muslim Man Fakes Identity, Abducts Minor Girl in Muzaffarnagar, Shot During UP Police Encounter

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    As Global Trade Falters Under Crisis, India’s ‘Plan-B’ Strategy Begins Paying Off

    As Global Trade Falters Under Crisis, India’s ‘Plan-B’ Strategy Begins Paying Off

    The Wrong Questions People Ask Before Buying Bike Insurance

    The Wrong Questions People Ask Before Buying Bike Insurance

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    The Value of a Diversified Supply Chain: Recent U.S. Agreement Highlights Future Capabilities

    The Value of a Diversified Supply Chain: Recent U.S. Agreement Highlights Future Capabilities

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    BSF HQ Blast Probe Deepens as Two Key Arrests Unravel Cross-Border Module Behind Jalandhar IED Attack

    BSF HQ Blast Probe Deepens as Two Key Arrests Unravel Cross-Border Module Behind Jalandhar IED Attack

    UP ATS Uncovers Pakistan-Linked Reconnaissance Network After Surveillance of RSS Offices and Police Stations

    UP ATS Uncovers Pakistan-Linked Reconnaissance Network After Surveillance of RSS Offices and Police Stations

    China’s ‘Secret Police Station’ Busted in New York: America Finally Hits Back at Beijing’s Network

    China’s ‘Secret Police Station’ Busted in New York: America Finally Hits Back at Beijing’s Network

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    India’s First “Jihadi Drug” Bust: ₹182 Crore Captagon Seized Under Operation RAGEPILL

    India’s First “Jihadi Drug” Bust: ₹182 Crore Captagon Seized Under Operation RAGEPILL

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    As Global Trade Falters Under Crisis, India’s ‘Plan-B’ Strategy Begins Paying Off

    As Global Trade Falters Under Crisis, India’s ‘Plan-B’ Strategy Begins Paying Off

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Bhojshala

    Bhojshala: The Untold Story of History, Conflict, and the ‘Victorious Mindset’

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    Dhar Bhojshala

    Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

    Sukhdev Thapar: The Revolutionary Who Challenged Empire, Negotiation Politics and The Limits Of Freedom

    Sukhdev Thapar: The Revolutionary Who Challenged Empire, Negotiation Politics and The Limits Of Freedom

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Bharat Forge Cracks Embraer’s Elite Aerospace Network in Major Win for India’s Manufacturing Rise

    Bharat Forge Cracks Embraer’s Elite Aerospace Network in Major Win for India’s Manufacturing Rise

    Why Smarter Expense Management Is a Business Essential

    Why Smarter Expense Management Is a Business Essential

    From Nuclear Resolve to Tech Power: Modi Invokes Pokhran Spirit on National Technology Day

    From Nuclear Resolve to Tech Power: Modi Invokes Pokhran Spirit on National Technology Day

    All Slots Games: Why People Still Spend Hours Spinning Reels

    All Slots Games: Why People Still Spend Hours Spinning Reels

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Amit Shah Pushes for Unified Global Drug Laws, Warns Fragmented Systems Are Fueling Cartels

    Amit Shah Pushes for Unified Global Drug Laws, Warns Fragmented Systems Are Fueling Cartels

    Dhar Bhojshala

    Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

    Sanjeev Sanyal is renoned

    Sanjeev Sanyal: Is Bengal About to Get Its Own ‘Technocrat’ Finance Minister?

    Muslim Man Fakes Identity, Abducts Minor Girl in Muzaffarnagar, Shot During UP Police Encounter

    Muslim Man Fakes Identity, Abducts Minor Girl in Muzaffarnagar, Shot During UP Police Encounter

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    As Global Trade Falters Under Crisis, India’s ‘Plan-B’ Strategy Begins Paying Off

    As Global Trade Falters Under Crisis, India’s ‘Plan-B’ Strategy Begins Paying Off

    The Wrong Questions People Ask Before Buying Bike Insurance

    The Wrong Questions People Ask Before Buying Bike Insurance

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    India–Vietnam Deepen Strategic Reset with $25 Billion Trade Goal, Broaden Indo-Pacific Alignment

    The Value of a Diversified Supply Chain: Recent U.S. Agreement Highlights Future Capabilities

    The Value of a Diversified Supply Chain: Recent U.S. Agreement Highlights Future Capabilities

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    BSF HQ Blast Probe Deepens as Two Key Arrests Unravel Cross-Border Module Behind Jalandhar IED Attack

    BSF HQ Blast Probe Deepens as Two Key Arrests Unravel Cross-Border Module Behind Jalandhar IED Attack

    UP ATS Uncovers Pakistan-Linked Reconnaissance Network After Surveillance of RSS Offices and Police Stations

    UP ATS Uncovers Pakistan-Linked Reconnaissance Network After Surveillance of RSS Offices and Police Stations

    China’s ‘Secret Police Station’ Busted in New York: America Finally Hits Back at Beijing’s Network

    China’s ‘Secret Police Station’ Busted in New York: America Finally Hits Back at Beijing’s Network

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    “Choose Your Fate: Army Chief Draws a Hard Line Between Geography and History for Pakistan”

    India’s First “Jihadi Drug” Bust: ₹182 Crore Captagon Seized Under Operation RAGEPILL

    India’s First “Jihadi Drug” Bust: ₹182 Crore Captagon Seized Under Operation RAGEPILL

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    As Global Trade Falters Under Crisis, India’s ‘Plan-B’ Strategy Begins Paying Off

    As Global Trade Falters Under Crisis, India’s ‘Plan-B’ Strategy Begins Paying Off

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Bhojshala

    Bhojshala: The Untold Story of History, Conflict, and the ‘Victorious Mindset’

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    From Soft Power to Store Shelves: How ‘Mango Diplomacy’ Is Sweetening India-US Relations

    Dhar Bhojshala

    Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

    Sukhdev Thapar: The Revolutionary Who Challenged Empire, Negotiation Politics and The Limits Of Freedom

    Sukhdev Thapar: The Revolutionary Who Challenged Empire, Negotiation Politics and The Limits Of Freedom

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Bharat Forge Cracks Embraer’s Elite Aerospace Network in Major Win for India’s Manufacturing Rise

    Bharat Forge Cracks Embraer’s Elite Aerospace Network in Major Win for India’s Manufacturing Rise

    Why Smarter Expense Management Is a Business Essential

    Why Smarter Expense Management Is a Business Essential

    From Nuclear Resolve to Tech Power: Modi Invokes Pokhran Spirit on National Technology Day

    From Nuclear Resolve to Tech Power: Modi Invokes Pokhran Spirit on National Technology Day

    All Slots Games: Why People Still Spend Hours Spinning Reels

    All Slots Games: Why People Still Spend Hours Spinning Reels

    • 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

Only Hindus, Sikhs, Buddhists Eligible and Can Claim for SC Status, Says Supreme Court

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

Bilkis Bano Case Takes Centre Stage as CJI Forms Special Bench

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

India’s First “Jihadi Drug” Bust: ₹182 Crore Captagon Seized Under Operation RAGEPILL
Crime

India’s First “Jihadi Drug” Bust: ₹182 Crore Captagon Seized Under Operation RAGEPILL

16 May 2026

India has recorded its first-ever seizure of Captagon, a banned synthetic stimulant widely referred to as the “jihadi drug”....

Tamil Nadu’s Electoral Integrity Under Scanner as ECI Investigates Foreign Nationals Voting in Assembly Polls
Law

Tamil Nadu’s Electoral Integrity Under Scanner as ECI Investigates Foreign Nationals Voting in Assembly Polls

16 May 2026

The Election Commission of India has launched a probe into allegations that foreign nationals cast votes in the recent...

Dhar Bhojshala
Culture

Dhar’s Bhojshala Declared Vagdevi Temple by Indore High Court, Muslim Claim for Namaz Rights Rejected

15 May 2026

In a major verdict on one of Madhya Pradesh’s most sensitive religious disputes, the Indore Bench of the Madhya...

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

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

00:05:40

Ethanol, EVs and Solar- How India’s Energy Game Is Changing | Modi on LPG & Crude Oil | war| Hormuz

00:05:21

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
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