The constitution 93rd (amendment) Act, 2006 providing 27 percent reservation in admission

 

Notes

 The constitution 93^rd  (amendment) Act, 2006 providing 27 percent reservation in admission of OBC Candidates in Higher educational istitutios like,IIT’s and IIm’s  is constitutional [Ashok Kumar Thakur Vs. union of India A.I.R. 2008 SCW 2899]

  Reservation of 50 prercent of posts in favour  of female candidats not arbitrary . [Rajesh Kumar Gupta Vs. State of U.P.A.I.R. 2005 S.C. 2540]

 The  State would be entitled to  either adopt a policy decision or make laws providing for reservation  Sec. Such a policy decision normally would not be open to challenge subject t its passing the test of reasonableness as also the requirements of the presidential order made in terms of Article 371 – D [N.t.R. University of Health Science Vs. G Babu Rajendra Prasad , A.I.r. 2000 S.C. 1947 ]

          The allotment of 50 percent seats for pe and post 1942 setlers in the Island is Constitutional and valid and not violative of Article 24 and 15(4) of the constitution [parents Association vs. Union of India , A.I.R. 2000 S.C. 845]

It is open to the state  t review  the situation from time to time and to decide whether a given class of citizen that has earned the benefit of 27 percent reservation as socially and educationally backward class of citizen to form a part of that category or as ceased to fall in that category [Jagdish Negi Vs. State of U.P.A.I.R. 1997 S.C.3505]

     ‘Backward’ and ‘More Backwads’ classification is Constitutional but reservation cannot exceed more tan 50 percent . [Indira Sahani vs. Union A.I.R. 1993 S.C. 477]

 Sexual harassment of working women amount to violation of the rights guaranteed by article 14,15 and 23 (equality and dignity), the supreme Court issued detailed direction on the subject. {vishakha Vs. state of Rajasthan , A.I.R. 1997 S.C. 3011]

Equality of opportunity in matters of public employment.-(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(2)No citizens shall, on grounds only of religion, rece,caste ,sex, descent, place of birth,residence or any of them, be ineligiblefor, or discriminated against in respect of any employment or office under the state.

(3) Nothing in this article shall prevent Parliament from making any law prescribing , in regard to a class or classes of employment or appointmet to an office ‘[under the government of , or any local or other authority within , a State or union territory, any requirements as to residence within that State or union territory ] prior to such employment or appointment .

(4) nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizen which,in  the State , is not adequately represented in the services under the state.

 

                                      NOTE

Though interview undoubtedly is a significant factor in the matter of appointment but plays a strategic orle, but it also allows creeping in of a lacuna rendering the appointment illegitimate . interview should not be only method of assessment of the merit candidateSec. [ Praveen singh Vs. State of pumnajb, A.I.R. 2001 S.C. 152]

      Seniority cannot be claimed form the dates when vacancy occurs but is fixed on the basis of date when actual appointment is made . [Jagdish Chandra Patnaik Vs. state of Orissa, A.i.R. 1998 S.c. 456]

A person belonging to a backward class if becomes a member of IAS, IPS or any other All India Services can not speak benefits of reservation for his children . [Ashok umar Thakur Vs. State of Bihar, 1995 S.C.C. 403 ]

Waitimg list does not furnish a sources of recruitment. It is operative only for the contingency that any of the selected candidates does not join the person from the waiting list, could be pushed up. Candidate in the waitng list have no vested right to appoint except the limited exent that when a candidate selected against the existing vacany does not join for some reason then waiting list remains still operative.[surendra Singh Vs. State of Punjab, A.I.R.1998 S.C. 18]

The candidates recruited under the reservation quota cannot clim seniority over general category as a matter of righ t .[AJIJ Singh Vs. State of Punjab A.I.R. 1999 S.C. 3471]

The Kerala State Backward Classes (Reservation of appointments or posts in service Act. 1995 is discriminatory and violative of Article 14, 16 (1) and 16(4) and therefore , unconstitutional and invalid , The “creamy layer” in the backward classes is to be treated “on par” With the forward classes , and is not entiled to the benefits of reservation of and if the “creamy layer” is not exculeded  there will be discriminatation and violation of Article 14 and 16(10 inasmuch as equals (forwards and creamy layer of backward classes) cannot be treated  unequally . [Indra Sawhney Vs. union of India A.I.R. 2000 S.C. 498]

        

                       Conduct of government business

Conduct of business of the Government of India.- (1) All excutive action of the Government of India shall be expressed to be taken in the names of the President.

(2)Orders and other instruments made and executed in the name of the President shall be authenticated in such maneer as may  be specified in rules to be made the  president , and the validity of an order or instrument which validity is so authenticated shall not be called in question on the ground that it is not an order or instruments made executed byyy the president.

(3) The president shall make rules for the more convenient transaction of ttthe business of the government of India , and for the allocation among Ministers of the said business.

 

Duties of prime ministers as respects the furnishing of information to the president ,etc.-It shall b ethe duty of the prime minister –

(a) To communicate t the President all decisions of the affairs of the Union and proposals for legislation;

(b) To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for ;and

(c) If the President so requires , to submit for the consideration of the Council of Ministers any matter on which  has not been considered by the Council.

 

                                   PARLIAMENT

Constitution of Parliament- There shall be a parliament for the Union which shall consists of the House of the people.

 

Composition of the Council of states- The Council of States shall consist of-

(a) Twelve members to be nominated by the President in accordance with the provision of clause (3);and

(b) Not more than two hundred and thirty – eight representative of the States [and of the Union territories.]

(4)The allocation of seats in the Council of State to be filled by representive of the States [and of the union territories ] shall be in accordance with the provision in that behalf containe in the Fourth Schedule.

(3)The members to be nominated by the president under sub –clause (a)of clause (1) shall consist of person having special knowledge or practical experience in respect of such matters as the following , namely;-