Trace Your Case

ISSUE:

Whether M. Nagaraj v. Association of India required re-examination?

If the Nagaraj case needed re-examination, can the aspect of collecting quantifiable data to prove backwardness be considered valid?

Whether the creamy layer among the Scheduled Caste and Scheduled Tribe be excluded from the scope of reservations?

RULE:

Article 16 is a fundamental right guaranteed to all citizens of India. It deals with equality in terms of public employment. It assured equal opportunity to all employees. Article 16(4) of the Indian constitution is a sub clause which deals with reservation. The State is allowed to lay down criteria for providing reservations to those belonging to backward communities if they are not adequately represented.

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