Article 16: Step by step Discussion of Indra Sawhney Case & Mandal Commission report|

Please watch the first two parts of Article 16 to know about the various clauses of Article 16 and its background.
I think this reservation system was the only best possible constitutional device for disadvantaged class into mainstream and so framers of Constitution opted for it.
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The distinction of Artilce 15(4) and 16(4)? Recall 15(4) speaks about socially and educationally backward whereas 16(4) speaks only of backward classes? An important fact: Originally 16(4) was "in favour of any class of Citizens".
It was the Drafting Committee under the Chairmanship of Dr. Ambedkar during discussion the word "backward" was inserted.
Kaka kalelkar Commission in 1953 and then after 25 years to Mandal Commission in 1978.
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Mandal Commission is a TURNING POINT of reservation system in India.
• In 1989 Mr. VP Singh was prime Minister and he undertook the unfinished agenda of Morarji Desai government, the implemented Mandal Commission report on reservation for backward classes.
In 1992, Narshimha Rao Government by an executive order implemented reservation of 27% for OBC and 10% for economically weaker sections.
Seeing the importance of the issue, it was referred to a 9-judges bench to finally settle the legal position relating to reservations in government employment.
Article 16(4) is exhaustive for reservation of backward classes in employment. However, Backward class is not defined in Constitution like SC/ST defined in Article 341 & 342.
Let me add here this ratio is contrary to what Chamkam Dorairajan and M.R. Balaji held. I have discussed the judgment of Dorairajan and Balalji in detail in part 2 of Article 15.
"Means test" (sadhan) signifies Income can be a measure for social advancement. In K.C. Vasanth Kumar v. State of Karnataka, AIR 1985 S.C. 1495, the Supreme Court has suggested two things: the Means Test and Review after every five years to delete the class if it has reached up to that level.
Reservation on initial appointment and not on promotion. However, by 77th amendment the reservation in promotion was inserted as Clause 4A for SC/ST only and by 85th amendment, 2001 the consequent seniority was secured.
We will discuss two other important cases in next video Nagraj case and Karnail Singh case, where the law of reservation further travelled.

For complete understanding of law related to Reservation, watch all parts of Article 16.
Link given below:
Part-1 of Article16:    • ARTICLE 16: RIGHT TO EQUAL OPPORTUNIT...  
Part-2 of Article16:    • AMENDMENTS  IN ARTICLE 16 CHANGED RES...  
Part-3 of Article 16:    • Article 16: Step by step Discussion o...  
Part-4 of Article 16:    • Article 16: Step by step analysis of ...  
Part-5 of Article 16:    • Article 16 | Complete Analysis of Lat...  
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