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State PCS

Bihar State PCS

  • 21 Jun 2024
  • 3 min read
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Patna High Court Nullifies Bihar’s Quota Enhancement

Why in News?

Key Points

Indra Sawhney & Others vs Union of India, 1992

  • The Supreme Court while upholding the 27% quota for backward classes, struck down the government notification reserving 10% government jobs for economically backward classes among the higher castes.
  • SC in the same case also upheld the principle that the combined reservation beneficiaries should not exceed 50% of India’s population.
  • The concept of ‘creamy layer’ also gained currency through this judgment and provision that reservation for backward classes should be confined to initial appointments only and not extend to promotions.

Fundamental Rights

  • Article 14: Equality Before Law
    • It says that no person shall be denied treatment of equality before the law or the equal protection of the laws within the territory of India.
    • The right is extended to all persons whether citizens or foreigners, statutory corporations, companies, registered societies or any other type of legal person.
  • Article 15: Prohibition of Discrimination
    • It provides that no citizen shall be discriminated on grounds only of religion, race, caste, sex or place of birth.
  • Article 16: Equality of Opportunity in Public Employment
    • Article 16 of the Indian constitution provides for equality of opportunity for all citizens in matters of employment or appointment to any public office.

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