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Indra Sawhney and Others vs. Union of India & Others

Details of the issue:

The case highlighted a major issue. The Indian Constitution recognized social and educational backwardness,

however, economic backwardness was missed. In the year 1993, Indira Sawhney filed a case against Narasimha Rao Government. The case was against the Government allowing just 10 % reservation for economically backward categories of upper castes in various Government jobs. The Judgement:

The Supreme Court in its judgment stated that a 50 % cap was to be imposed on caste-based reservations. The apex court also upheld separate reservations for OBCs in central government jobs but with the exclusion of the creamy layer. The Judgement also stated that the reservations in appointments under Article 16 (4) of the Constitution would not be applicable to promotions. Judgment implemented, with 27% central government reservation for OBCs. The verdict was however not followed in many states and was again pressed in 1989.

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