The Karnataka Legislature passed a law reserving posts in Government service for backward classes and most backward classes. This classification was challenged by X before the Karnataka High Court as violative of the right under Art 16. Decide.

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  • The Karnataka Legislature passed a law reserving posts in Government service for backward classes and most backward classes. This classification was challenged by X before the Karnataka High Court as violative of the right under Art 16. Decide.
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Answer:

Art.16(4) is the second exception to the general rule embodied in Art. 16(1) and (2).

 

It empowers the State to make special provision for the reservation of appointments of posts in favor of any backward class of citizens which in the opinion of the State are not adequately represented in the services under the State.

 

Thus, Art. 16(4) applies only if two conditions are satisfied:-

  1. The class of citizens is backward; and

 

  1. The said class is not adequately represented in the services of the State.

 

In the above problem, the reserving posts in Government service for backward classes and most backward classes cannot be challenged by X before the Karnataka High Court as violative of the right under Art 16.

Last Updated On January 29, 2018
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