COMPLETE STEP BY STEP ANALYSIS OF LAW AND JUDGMENTS OF ARTICLE 15 OF INDIAN CONSTITUTION - Part-2

Описание: IN PART-1 OF ARTICLE 15, I DISCUSSED THE PROVISIONS OF LAW AND SETTLED LEGAL PROPOSITIONS IN EASY WORDS AND CONCEPTS. Please watch the part-1 first for better understanding.
First judgment of significance is State of Madras v. Smt. Champakam Dorairajan (AIR 1951 SC 226). In this case, Madras government's decision to provide caste-based reservation in government jobs and college seats was declared invalid being in violation of Article 16 (2). This judgment led to introduction of Clause 4 in Article 15 through 1st constitutional amendment.
The judgment was passed on 9th April, 1951 by a constitution Bench of 7 judges, presided by Chief Justice Hiralal Kania.
An order of Madras government also known as the Communal G. O., reservation in admission was made on the following basis, i.e., out of every 14 seats: , Non-Brahmin (Hindus)-6, Backward Hindus-2, Brahmins-2, Harijans-2, Anglo-Indians-1, Indian Christians- 1, Muslims-1.
Full Court of Supreme Court held the said reservation as void.
The "Directive Principles of State Policy" cannot override the fundamental rights.
In 1953, the President of India appointed the Backward Classes Commission (popularly known as the 'Kaka Kalelkar Commission'.
After 10 years in 1962, came the Next important judgment M. R. Balaji Vs. State of Mysore (AIR 1963 SC 649). It was a 5 judges bench presided by Chief Justice B.P.Sinha. Supreme court examined the new clause (4) of Article 15.
On July 31, 1962, another order superseding the previous orders was made by the State under Art. 15 (4) for reservation of seats. Under that order, the backward classes were divided into two categories, backward classes and more backward classes and seat was reserved upto 68%.
So we see that in Champakm Dorairajan case caste as a basis of discrimination was denied. Then Clause 4 was inserted. Again in Balaji case, the caste as a factor of discrimination was denied and weaker class was considered.
Please watch the prior videos of Article 14 and 15. The links are below:
Article 15: Part-1-   • In depth explanation of Article 15 (Indian...  
Article 15: Part-2-   • COMPLETE STEP BY STEP ANALYSIS OF LAW AND ...  
Article 14: Part-1-   • Article 14 Right to Equality (Indian Const...  
Article 14: Part-2-   • Unequal must be treated unequally: Article...  
Article 14: Part-3-   • Adopt reasonable classification Avoid arbi...  
Article 14: Part-4-   • Article 14 - Right to Equality (Indian Con...  
Article 14: Part-5-   • Article 14 - Right to Equality (Indian Con...  
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