Indra Sawhney case vs Union of India was a judgement came in 1992. It assess the amendment made in the article 16 of the constitution and the executive order of the Narsimha govt. to grant 10% reservation to economically weaker section. Article 16(4) was inserted which stated that state can make provisions for the backward classes which are not adequately represented in the services.
The 9 judge bench gave the following judgements:
- It upheld the amendment made in the article 16(4) but put a constraint on state to put a ceiling of 50% on reservation. The 50% rule was given to endure balance between merit and affirmative actions in the form of reservation.
- It quashed the executive order of 10% of reservation given to EWS.
- It quashed the promotion policy on the basis of reservation.
- Concept of creamy layer was given.
- A permanent statutory body should be established to examine complaints of over-inclusion and under-inclusion in the list of OBCs.
- The ‘carry forward rule’ in case of unfilled (backlog) vacancies is valid. But it should not violate 50% rule.
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