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AADJ Presentation

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Shruti Shardul
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20 views10 pages

AADJ Presentation

Uploaded by

Shruti Shardul
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Cases of Affirmative Action and Distributive Justice (Video

Presentation) (2 cases)
Introduction
• A ffi r m a t i v e a c t i o n , a l s o k n o w n a s r e s e r v a t i o n i n I n d i a , w a s a n e a r n e s t a t t e m p t b y
t h e c o n s t i t u t i o n ' s f o u n d e r s t o b r i n g s o c i o e c o n o m i c e q u a l i t y t o I n d i a n s o c i e t y.
• In the Indian society there was distinctions in religion, culture, language as well as
there were those who were economically, socially, and culturally inferior to others.
• As a result, the constitution included a provision for reservations.
• T h e M a n d a l C o m m i s s i o n c o n t e n d e d t h a t t h e r e p o r t w a s a c o n t i n u a t i o n o f t h e fi r s t
m i n o r i t i e s c o m m i s s i o n , w h i c h l i k e w i s e a d v o c a t e d a ffi r m a t i v e a c t i o n t o c o r r e c t t h e
wrongs that backward classes have endured for millennia .
ASHOK KUMAR JAIN VS UNION OF INDIA

• The central educational institutions (quota in admission) act of 2006, approved by


parliament following the 93rd amendment act, provides for a 15% quota for
scheduled castes, 7.5% for scheduled tribes, and 27% for other backward classes
in central educational institutions.

• The 93rd amendment act included article 15 (5), which authorizes the legislature
t o c r e a t e l a w s f o r t h e b e n e f i t o f S E B C s , S C / S Ts , a n d O B C s . S u c h l a w s s h a l l a p p l y
to both aided and unassisted educational establishments.

• Parliament and state legislatures were given the authority to enact suitable
reservation laws.

• The mandal commission was established in 1980, and it compiled a list of 3743
backward classes based on aspects like as social, economic, and educational
backwardness.
• The petitioners primarily challenged the validity of the 93rd amendment act of
2005.

• Article 15 (5) excluded minority institutions, which is a clear violation of the


equality principle.

• It goes against the ideal of secularism enshrined in the constitution's preamble .

• The purpose of secularism has been incorporated in the preamble of the


constitution.

• Minority institutions are not excluded from the scope of article 15 (5).

• Therefore , the entire amendment must be deemed invalid.

• It was contended that allowing article 15 (5) to continue in force would result in
india becoming a caste-ridden society rather than achieving the ideal of a
c a s t e l e s s a n d c l a s s - f r e e s o c i e t y.
• The court has the authority to determine the genuine intent of the statute as well as
t h e c o n s t i t u t i o n a l i n t e n t o f t h e a c t ' s l e g i t i m a c y.

• The petitioners requested that the 93rd amendment act and the central educational
institutions (reservation in admission) act of 2006 be deemed in violation of the
constitution's basic structure.

• The mandate of article 368 was not followed.

• The state should implement affirmative action to protect the interests of society's
marginalized groups.

• The learned senior counsel also contended that there was no excessive delegation
because the backward classes of persons had to be identified in the documents and
evidence.

• The supreme court dismissed the writ petitions. The reservation of 27% of seats in
aided educational institutions for other backward classes (obcs) was confirmed.
Ashok Kumar Jain vs Union of India

• The central educational institutions (quota in admission) act of 2006,


approved by parliament following the 93rd amendment act, provides
for a 15% quota for scheduled castes, 7.5% for scheduled tribes, and
27% for other backward classes in central educational institutions .

• This act aims to create social justice by providing equal access to


higher education.

• The parliament passed the constitution (ninety-third amendment) act,


2005, to bring private, unaided educational institutions under the
state's reservation policy and to support the educational interests of
society's disadvantaged sectors.
State of Punjab vs Davinder Singh

• The current issue before the supreme court of India was an appeal against the Punjab
and Haryana high court, which had overturned a state law allowing the government
t o s u b - c l a s s i f y S C / S Ts f o r q u o t a s .
• The sub-classification was authorized for socially and educationally backward classes
(SEBCs) under article 342A.
• The High Court decision overturned a Punjab government circular stating that 50%
of the seats earmarked for SCs will be offered to Balmikis and Mazhabi Sikhs .
• The High Court in this case relied on the Chinnaiah decision to reach its conclusion.
• According to article 341, the castes notified by the president are referred to as scs
and sts.
• When reservation produces inequities within the reserved castes, the state must
address them by sub-classifying and implementing a distributive justice approach
to ensure that state resources do not concentrate in a few hands and that equal
justice is offered to everyone .

• Denying sub-classification would violate the right to equality by treating unequal


as equals.

• There exist inequalities among the scheduled castes, scheduled tribes, and socially
and educationally backward sections.

• The justice ramachandra raju commission in 1997 recommended splitting the scs
into four divisions and allocating reservations separately to each .
• Supreme court admitted that scheduled castes are not castes, but rather a class
that should be regarded as such.

• Such a classification would be required to assist the more backward classes.

• The upcoming verdict by a seven-judge supreme court bench, together with


committee recommendations, will pave the way for scheduled caste
subcategorization.

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