The Court laid down

(i) In the Indian context, lesser castes are treated as backwards. A caste may by itself constitute a class.

(ii) The backwardness contemplated by Article. 16(4) is mostly social .it need not be both social and educational.

(iii) Income or the extent of property can be taken as a count of social advancement and on that basis, the ‘creamy layer ‘of a given caste can be excluded.

(iv) For getting reservation, class must be backward and should not be adequately represented in the services under the State.

(v) The reservation contemplated in Article. 16(4) should not cross 50%.

(vi) The rule of 50% should be applied every year. It cannot be related to the total strength of the class, services or cadre, etc.

(vii) Reservation of posts cannot increase in the matter of promotion.

(viii) Identification of backward classes is subject to judicial review.

The state has been empowered by 81st Constitutional Amendment that they can fill up unfilled vacancies as separate class to be filled up in any upcoming years keeping the overall administrative efficiency intact as required by Article 335.

It may not be desirable to provide for reservation in certain areas, e. g in technical posts ,research and development organization in specialty and super specialty, in medicine engineering and in higher posts like those of professors in education, pilots in scientists ,air lines and technicians in nuclear and space application ,etc.

However, on the behest of Tamil Nadu Government, Parliament passed 76th Amendment to allow reservation up to 69 percent. This approach requires reconsideration. If the Country cannot exist; no caste or community within it will be able to exist. Therefore, overall interest of the country should be kept in mind while considering the whole gamut of reservation in public services.

The words ‘employment or appointment are wide enough to include tenure , duration, emoluments, duties and obligations, whether the employment is temporary or permanent, or salary, promotion, increment, etc.

However, Government cannot totally dispense with minimum qualifying marks for post-graduate medial courses for scheduled castes, etc. However, relaxation in shape of lesser standards of eligibility is permissible for scheduled caste candidates, etc.

Reservation to single post cadre is invalid as it creates 100 per cent reservation. When a company is sustaining continuous losses, and does not have the financial capacity to revise or enhance the pay scale, the petitioners cannot claim any legal right.

To deny a public employment solely on the basis of the police report regarding political affinity offends the fundamental rights. similarly, Requirement of being employed through proper channel could not be relaxed in an arbitrary and cavalier manner for the benefit of a few persons.

Thus, the reservation in employment , though not discriminatory, cannot be unlimited or uncontrolled so as to deny efficiency to the State instrumentality.

17.Abolition of untouchability:

“ untouchability” is abolished and is practice in any form is forbidden. The enforcement of any disability arising out of “untouchability” shall be an crime punishable in accordance with law.

COMMENTS

Parliament had enacted the untouchability (offence)Act, 1955, which has been amended and renamed (1976)as the protection of civil practice of untouchability in all its aspects.

The Supreme Court has held that the fundamentals right against untouchability guaranteed in this Article is available against private individuals.

The act 1955 provides punishment for the following offence relating to untouchability.

(a) Refusing admission to any person to public institutions, such as hospital, educational institution;

(b) Preventing any person from worshipping or offering prayers in any place of public worship;

(c) Subjecting any person to any disability with regard to access to any hotel, public restaurant, shop or public entertainment or with regard to the use of any reservoir, tap or other source of water, road, cremation grounds or any other place where services are rendered to the public;

(d) Insulting a member of a scheduled caste on the basis of untouchability:

(e) Preaching untouchability;

(f) Justifying untouchability.

Further, the scheduled caste and the scheduled tribes (Prevention of Atrocities) Act, 1989 was promulgated in 1989 by Parliament. The act prevents injustice against the scheduled castes and scheduled Tribes even by the revenue and police officer under section 3 of the Act to refuse his duties towards these poor classes of cultivators, pattadars against wrongful occupation of their land by others or against wrongful dispossession from their lands, even filing false malicious or vexatious suits or criminal or other legal proceeding against a member of a scheduled castes or a scheduled Tribe. An officer who willfully neglect, his duties is punishable at least with six months imprisonment of the civil Right Act, 1955.

18.Abolition of titles:

(1) No title, not being a military or academic distinction ,shall be conferred by the state.

(2)No citizen of India shall accept any title from any.

(3)No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the president any title from any foreign State.

(4)No person holding any office of profit or trust under the State shall, without the consent of the president, accept any present, emolument, or office of any kind from or under any foreign State.

COMMENTS

The Supreme Court held that Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma shri are not titles nobility and are not violative of Article 18 of the Constitution provided they are not used as titles or prefixes or suffixes to the name of awardee.

However, abolition of titles is also a step towards equality because erstwhile rajas, maharajas were branded somewhat superior to the common man.