Ashoka Kumar Thakur V. Union Of India
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Ashoka Kumar Thakur V. Union Of India
''Ashoka Kumar Thakur v. Union of India'' is an Indian public interest litigation case challenging the conclusion of the Mandal Commission that about 52% of the total population of India belonged to Other Backward Classes classification. The National Sample Survey Organisation had estimated the OBC segment to be 42 per cent. Facts In April 2006, the government decided to reserve nearly 27% of seats for students from the OBC segment in institutes of higher learning in India. This would have reduced the seats for a general, unreserved candidate to about 50% (after taking into account other reserved seats). The Indian parliament passed a bill to bring out an amendment in the constitution in this regard. Thakur challenged the validity of the amendments. The Supreme Court of India in response to the PIL refused to stay the constitutional amendment but issued notice to the government. The government which had faced strong anti reservation protests on its turn stated that the reservat ...
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Public Interest Litigation
The chief instrument through which judicial activism has flourished in India is public interest litigation (PIL) or social action litigation (SAL). ''Public interest litigation'' (PIL) refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati. It is a relaxation on the traditional rule of ''locus standi''. Before 1980s the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court. It is the court's privilege to entertain the application for the PIL. History One of the earliest public interest ...
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Mandal Commission
The ''Mandal Commission'' or the Socially and Educationally Backward Classes Commission (SEBC), was established in India in 1979 by the Janata Party government under Prime Minister Morarji Desai with a mandate to "identify the socially or educationally backward classes" of India.Bhattacharya, Amit. ''Times of India'', 8 April 2006. It was headed by B.P. Mandal, an Indian parliamentarian, to consider the question of reservations for people to redress caste discrimination, and used eleven social, economic, and educational indicators to determine backwardness. In 1980, based on its rationale that OBCs ("Other backward classes") identified on the basis of caste, social, economic indicators made up 52% of India's population, the commission's report recommended that members of Other Backward Classes (OBC) be granted reservations to 27% of jobs under the Central government and public sector undertakings, thus making the total number of reservations for SC, ST and OBC to 49%. Though t ...
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Other Backward Classes
The Other Backward Class is a collective term used by the Government of India to classify castes which are educationally or socially backward. It is one of several official classifications of the population of India, along with General castes, Scheduled Castes and Scheduled Tribes (SCs and STs). The OBCs were found to comprise 52% of the country's population by the Mandal Commission report of 1980, and were determined to be 41% in 2006 when the National Sample Survey Organisation took place. There is substantial debate over the exact number of OBCs in India; it is generally estimated to be sizable, but many believe that it is higher than the figures quoted by either the Mandal Commission or the National Sample Survey. In the Indian Constitution, OBCs are described as socially and educationally backward classes (SEBC), and the Government of India is enjoined to ensure their social and educational development — for example, the OBCs are entitled to 27% reservations in p ...
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National Sample Survey Organisation
The Ministry of Statistics and Programme Implementation (MoSPI) is a ministry of Government of India concerned with coverage and quality aspects of statistics released. The surveys conducted by the Ministry are based on scientific sampling methods. History The Ministry of Statistics and Programme Implementation (MOSPI) came into existence as an Independent Ministry on 15 October 1999 after the merger of the Department of Statistics and the Department of Programme Implementation. Departments The Ministry has two wings, one relating to Statistics and the other Programme Implementation. The Statistics Wing called the National Statistical Office (NSO) consists of the Central Statistical Office (CSO), the Computer center and the National Sample Survey Office (NSSO). The Programme Implementation Wing has three Divisions, namely, (i) Twenty Point Programme (ii) Infrastructure Monitoring and Project Monitoring and (iii) Member of Parliament Local Area Development Scheme. Besides these ...
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Indian Government
The Government of India (ISO 15919, ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the Government, national government of the Republic of India, a federal democracy located in South Asia, consisting of 28 union states and eight union territories. Under the Constitution of India, Constitution, there are three primary branches of government: the legislative, the executive and the judiciary, whose powers are vested in a Bicameralism, bicameral Parliament of India, Parliament, President of India, President, aided by the Union Council of Ministers, Council of Ministers, and the Supreme Court of India, Supreme Court respectively. Through judicial evolution, the Parliament has lost Parliamentary sovereignty, its sovereignty as its Amendment of the Constitution of India, amendments to the Constitution are subject to judicial intervention. Judicial appointments in India are unique in that the executive or legisla ...
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Reservations In India
Reservation is a system of affirmative action in India that provides historically disadvantaged groups representation in education, employment, government schemes, scholarships and politics. Based on provisions in the Indian Constitution, it allows the Union Government and the States and Territories of India to set ''reserved quotas or seats'', at particular percentage in Education Admissions, Employments, Political Bodys, Promotions, etcb for "socially and educationally backward citizens." History Before independence Quota systems favouring certain castes and other communities existed before independence in several areas of British India. Demands for various forms of positive discrimination had been made, for example, in 1882 and 1891. Rajarshi Shahu, the Maharaja of the princely state of Kolhapur, introduced reservation in favor of non-Brahmin and backward classes, much of which came into force in 1902. He provided free education to everyone and opened several hostels to ma ...
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Indian Parliament
The Parliament of India ( IAST: ) is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the president of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The president in his role as head of the legislature has full powers to summon and prorogue either house of Parliament or to dissolve the Lok Sabha. The president can exercise these powers only upon the advice of the prime minister and his Union Council of Ministers. Those elected or nominated (by the president) to either house of Parliament are referred to as members of Parliament (MPs). The members of parliament of the Lok Sabha are directly elected by the Indian public voting in single-member districts and the members of parliament of the Rajya Sabha are elected by the members of all state legislative assemblies by proportional representation. The Parliament has a sanctioned strength of 543 in the Lok Sabha and 245 in the R ...
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Supreme Court Of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters except for personal laws and interstate river disputes, and also has the power of judicial review. The Chief Justice of India is the Head and Chief Judge of the Supreme Court, which consists of a maximum of 34 judges, and has extensive powers in the form of original, appellate and advisory jurisdictions. New judges here are uniquely nominated by existing judges and other branches of government have neglible say as the court follows collegium system for appointments. As the apex and most powerful constitutional court in India, it takes up appeals primarily against verdicts of the High Courts of various states of the Union and other courts and tribunals. It is required to safeguard the fundamental rights of citizens and settles dispute ...
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2006 Indian Anti-reservation Protests
The 2006 Indian anti-reservation protests were a series of protests that took place in India in 2006 in opposition to the decision of the Union Government of India, led by the Indian National Congress-headed multiparty coalition United Progressive Alliance, to implement reservations for the Other Backward Classes (OBCs) in central and private institutes of higher education. These protests were one of the two major protests against the Indian reservation system, the other one being the 1990 anti-Mandal protests. The government proposed to reserve 27% of seats in the premier educational institutions of India like All India Institute of Medical Sciences (AIIMS), Indian Institutes of Technology (IITs), National Institutes of Technology (NITs), Indian Institutes of Management (IIMs), Indian Institute of Science (IISc) and other central institutions of higher education for the OBCs in order to help them gain higher levels of representation in these institutions. This move led to mas ...
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Creamy Layer
Creamy layer is a term used in Indian politics to refer to some members of a backward class who are highly advanced socially as well as economically and educationally. They constitute the forward section of that particular backward class – as forward as any other forward class member. They are not eligible for government-sponsored educational and professional benefit programs. The term was introduced by the ''Sattanathan Commission'' in 1971, which directed that the "creamy layer" should be excluded from the reservations (quotas) of civil posts. It was also identified later by Justice Ram Nandan Committee in 1993. The creamy layer (income) criteria were defined as gross annual income of parents from all sources more than 100,000 rupees (₹ or INR defined by Sattanathan committee in 1971) In 1993 when "creamy layer" ceiling was introduced, it was ₹ ''1 lakh''. It was subsequently revised to ''Rs 2.5 lakh'' per ''annum'' in (2004), and revised to ₹ 4.5 lakh (2008), Rs 6 lak ...
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Reservation In India
Reservation is a system of affirmative action in India that provides historically disadvantaged groups representation in education, employment, government schemes, scholarships and politics. Based on provisions in the Indian Constitution, it allows the Union Government and the States and Territories of India to set ''reserved quotas or seats'', at particular percentage in Education Admissions, Employments, Political Bodys, Promotions, etcb for "socially and educationally backward citizens." History Before independence Quota systems favouring certain castes and other communities existed before independence in several areas of British India. Demands for various forms of positive discrimination had been made, for example, in 1882 and 1891. Rajarshi Shahu, the Maharaja of the princely state of Kolhapur, introduced reservation in favor of non-Brahmin and backward classes, much of which came into force in 1902. He provided free education to everyone and opened several hostels to ma ...
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Supreme Court Of India Cases
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of la ...
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