The document discusses India as a welfare state and administrative law. It notes that India's constitution establishes it as a welfare state through provisions like the Directive Principles of State Policy and Fundamental Rights. It also discusses the growth of administrative law due to factors like the changing role of the state and the need for delegated legislation. Administrative law deals with the powers and functions of administrative authorities and remedies for abuse of power. Key points of delegated legislation and its criticism are also summarized.
This document discusses protective discrimination and vulnerable groups in Indian society. It defines protective discrimination as granting special privileges to disadvantaged groups. It outlines constitutional safeguards for Scheduled Castes, Scheduled Tribes, women, children and transgender people. It discusses the vulnerable position of these groups and legal provisions meant to protect and advance them such as reservation policies and anti-discrimination laws. The document emphasizes that while these groups want equal respect and participation, current inequalities mean protective discrimination is still needed.
By the expression “Public Corporation” is meant the type of body set up to operate nationalised industries or for the organisation of their public enterprise and services.
This document provides an overview of the judicial process in India from ancient to present times. It discusses:
1) The historical background of India's judicial system, which developed gradually over time and was influenced by the Constitution.
2) Ancient India had a well-developed system of civil and criminal law based on Dharma Shastra, Smritis, and Arthashastra texts. It included concepts like plaint, written statement, and res judicata.
3) The present Indian judicial system established by the Constitution includes the Supreme Court, High Courts, and subordinate courts. It also discusses the litigation process and role of judicial process in social ordering through maintaining rights and duties.
Case Analysis on Kehwananda Bharti V/S State of Kerala and ANR, On 24th April...ijtsrd
The Supreme Court delivered its judgment in the Kesavananda Bharati case on April 24, 1973 after hearing the case for 68 days. The judgment was significant as it established the 'basic structure' doctrine - that Parliament can amend the Constitution as long as it does not alter its basic structure or essential features.
The case arose from land reform laws passed by the Kerala government that affected a Hindu mutt. It challenged recent constitutional amendments passed by Indira Gandhi's government to override previous Supreme Court judgments. The 13-judge bench delivered split verdicts but ultimately upheld the amendments while establishing the basic structure doctrine, balancing parliamentary sovereignty and judicial review. It refused to recognize property rights as a basic feature, paving way for
Asylum provides shelter and protection by a host state to citizens of another state. There are two kinds of asylum: territorial asylum, which is granted within a state's own territory where it has sovereignty, and extra-territorial asylum, which can be granted outside a state's territory in places like embassies, consulates, warships, or international institutions in some cases. Extra-territorial asylum allows states to protect individuals in other states by granting protection in areas considered under the host state's jurisdiction rather than the local state.
The document summarizes the key concepts of the historical school of jurisprudence. It discusses that historical jurists like Montesquieu, Savigny, and Maine believed that law develops organically over time based on the customs and traditions of the people, rather than being created through legislation or judicial decisions. Savigny's concept of "Volksgeist" described law as emerging from the shared spirit or values of the national community. The historical school rejected theories of natural law and viewed law as continually evolving according to the changing needs and norms of society.
Judicial activism in India ( Brief Notes )sandhyakrish2
1. Judicial activism in India refers to the judiciary taking an active role in upholding constitutional rights and reviewing laws to ensure they are beneficial to citizens.
2. It empowers courts to strike down laws that infringe on fundamental rights or contradict constitutional values.
3. Public interest litigation introduced in the 1970s expanded judicial activism by allowing citizens to file petitions on public issues. This led to important rulings on environmental protection, human rights, and more.
The document discusses India as a welfare state and administrative law. It notes that India's constitution establishes it as a welfare state through provisions like the Directive Principles of State Policy and Fundamental Rights. It also discusses the growth of administrative law due to factors like the changing role of the state and the need for delegated legislation. Administrative law deals with the powers and functions of administrative authorities and remedies for abuse of power. Key points of delegated legislation and its criticism are also summarized.
This document discusses protective discrimination and vulnerable groups in Indian society. It defines protective discrimination as granting special privileges to disadvantaged groups. It outlines constitutional safeguards for Scheduled Castes, Scheduled Tribes, women, children and transgender people. It discusses the vulnerable position of these groups and legal provisions meant to protect and advance them such as reservation policies and anti-discrimination laws. The document emphasizes that while these groups want equal respect and participation, current inequalities mean protective discrimination is still needed.
By the expression “Public Corporation” is meant the type of body set up to operate nationalised industries or for the organisation of their public enterprise and services.
This document provides an overview of the judicial process in India from ancient to present times. It discusses:
1) The historical background of India's judicial system, which developed gradually over time and was influenced by the Constitution.
2) Ancient India had a well-developed system of civil and criminal law based on Dharma Shastra, Smritis, and Arthashastra texts. It included concepts like plaint, written statement, and res judicata.
3) The present Indian judicial system established by the Constitution includes the Supreme Court, High Courts, and subordinate courts. It also discusses the litigation process and role of judicial process in social ordering through maintaining rights and duties.
Case Analysis on Kehwananda Bharti V/S State of Kerala and ANR, On 24th April...ijtsrd
The Supreme Court delivered its judgment in the Kesavananda Bharati case on April 24, 1973 after hearing the case for 68 days. The judgment was significant as it established the 'basic structure' doctrine - that Parliament can amend the Constitution as long as it does not alter its basic structure or essential features.
The case arose from land reform laws passed by the Kerala government that affected a Hindu mutt. It challenged recent constitutional amendments passed by Indira Gandhi's government to override previous Supreme Court judgments. The 13-judge bench delivered split verdicts but ultimately upheld the amendments while establishing the basic structure doctrine, balancing parliamentary sovereignty and judicial review. It refused to recognize property rights as a basic feature, paving way for
Asylum provides shelter and protection by a host state to citizens of another state. There are two kinds of asylum: territorial asylum, which is granted within a state's own territory where it has sovereignty, and extra-territorial asylum, which can be granted outside a state's territory in places like embassies, consulates, warships, or international institutions in some cases. Extra-territorial asylum allows states to protect individuals in other states by granting protection in areas considered under the host state's jurisdiction rather than the local state.
The document summarizes the key concepts of the historical school of jurisprudence. It discusses that historical jurists like Montesquieu, Savigny, and Maine believed that law develops organically over time based on the customs and traditions of the people, rather than being created through legislation or judicial decisions. Savigny's concept of "Volksgeist" described law as emerging from the shared spirit or values of the national community. The historical school rejected theories of natural law and viewed law as continually evolving according to the changing needs and norms of society.
Judicial activism in India ( Brief Notes )sandhyakrish2
1. Judicial activism in India refers to the judiciary taking an active role in upholding constitutional rights and reviewing laws to ensure they are beneficial to citizens.
2. It empowers courts to strike down laws that infringe on fundamental rights or contradict constitutional values.
3. Public interest litigation introduced in the 1970s expanded judicial activism by allowing citizens to file petitions on public issues. This led to important rulings on environmental protection, human rights, and more.
Public Utility Laws on Railways, electricity,Fire Services and gas and petroleumShivani Sharma
The document discusses various public utility laws and sectors in India including railways, electricity, oil and gas, and fire extinguishing services. It provides an overview of the characteristics of public utilities and outlines some of the key legislations that govern each sector. The railways, electricity, and oil and gas sectors are dominated by the public sector and regulated through various central and state level acts aimed at facilitating development and access while ensuring safety standards.
This document discusses judicial activism in India. It notes that the Supreme Court has increasingly made decisions on issues like pollution control, medical education standards, traffic safety regulations, and river interlinking projects. As politicians struggle with gridlock, the Supreme Court judges have taken a lead in shaping policy. However, others see this as a threat to democracy and investor interests. The document discusses the history of judicial activism in India since independence and debates around appropriate roles for the different branches of government. It also covers the rise of public interest litigation in India in expanding judicial power and access.
Income tax authorities under Income tax act 1961Chirantan Tiwari
The document summarizes the key income tax authorities in India and their roles and responsibilities.
The main authorities are:
1) The Central Board of Direct Taxes (CBDT) which is responsible for policy and administration of direct taxes.
2) Income tax officers, tax recovery officers, and inspectors who handle assessments, collections, and enforcement.
3) The CBDT, directors general, commissioners, and joint commissioners can appoint other tax authorities and delegate powers.
4) The jurisdiction and powers of tax authorities are determined by the CBDT through orders and directions.
This document summarizes John Austin's analytical positivism school of jurisprudence. It outlines that Austin viewed law as the command of the sovereign, with three key aspects: 1) commands are general rules for a community backed by sanctions, 2) a sovereign is the ultimate human source of law, and 3) law and morality are separate, with law defined by its coercive power rather than moral content. The document also notes chief legal philosophers of this school and some criticisms of Austin's theory.
This document discusses administrative tribunals in India. It defines tribunals and distinguishes them from courts and executive authorities. Tribunals were established to handle the growing workload of courts due to expanded government functions. While tribunals have some court-like qualities, they are not bound by strict rules of evidence and procedure. The document outlines the constitutional provisions related to tribunals, their powers and limitations, as well as recommendations from committees on improving their structure and functions.
PUBLIC SERVICE COMMISSION Article 315 - Article 323 Sai Vardhana
Public Service Commission Very important topic to be studied by everyone mainly UPSC aspirants, Law Students. This Presentation is prepared based on Articles of Public Service commission from Art 315 - Art 323. This topic discusses about the working, Procedure of recruitment of IAS officers, Chairman and members of commission of state and also Union and also Joint state Public Service commission in India.
This document discusses the meaning and importance of rights. It defines rights as conditions granted by the state for public welfare. Rights can be positive or negative and every right corresponds to a duty. The document then classifies rights into moral rights and legal rights. Moral rights are based on ethics while legal rights are recognized and enforced by law. It provides examples of different types of legal rights like civil rights, political rights, and economic rights. It also discusses the fundamental rights granted by the Indian constitution like right to life, equality, freedom of speech and religion.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
This document provides an overview of the course "Administrative Law" taught by Dal Chandra. It is divided into 6 modules that cover: 1) Introduction to administrative law 2) Delegated legislation 3) Administrative tribunals and natural justice 4) Judicial review of administrative action 5) Administrative discretion and redress of grievances 6) Government liability. The introduction defines administrative law and traces its origins and evolution in India from ancient times to the modern welfare state. It explains the expanded role and powers of public administration that necessitated the growth of this legal field.
This document discusses center-state relations in India based on the country's federal system. It covers three key areas: legislative relations, administrative relations, and financial relations between the central and state governments as outlined in the Indian constitution. For legislative relations, it describes the division of lawmaking powers between the union/central parliament and state legislatures. For administrative relations, it discusses techniques of central control over states and mechanisms for inter-state coordination. For financial relations, it outlines the allocation of tax revenues and financial resources between the center and states.
The American Convention on Human Rights (ACHR) is an international treaty that protects civil, political, economic, social and cultural rights of citizens in countries within the Organization of American States. It established the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights to monitor compliance and resolve disputes. The Convention protects a wide range of individual rights and freedoms and allows for their suspension during war or other emergencies, while distinguishing itself from the European Convention on Human Rights through its emphasis on individual duties as well as rights.
This document provides an overview of public maladministration and remedies available to address it. It defines maladministration broadly as improper administrative action or inaction resulting from improper considerations. There are three types of remedies: managerial, which focuses on reforms; legal, which involves enacting administrative laws; and political, which emphasizes openness, legislative oversight, and citizen participation. The document also discusses the ombudsman model as a remedy, describing the historical tradition and legal definitions of an ombudsman. It provides details on the jurisdiction, complaints process, and investigation procedures of the UK Parliamentary Commissioner for Administration, which was the first ombudsman established.
this ppt is very much useful for the students pursuing First year in B.COM for the Company Law subject. Specially the students of Saurashtra University.
The document discusses the concept of discretion in administrative law. It defines discretionary powers as those that allow administrative bodies to apply principles and criteria based on the specific facts and circumstances of individual cases, rather than applying rules uniformly. It notes that discretion is necessary for the smooth functioning of administration and doing justice, but can also lead to arbitrariness if not constrained. The document outlines various views on discretion and how it can be abused, as well as how courts have ruled on challenges to the exercise of discretionary powers under Articles 14, 19, and 21 of the Indian Constitution.
The document discusses the rule of law in India. It defines the rule of law and outlines A.V. Dicey's three postulates: supremacy of law, equality before the law, and predominance of legal spirit. It examines how the rule of law is reflected in the Indian constitution through fundamental rights, judicial independence, and judicial review. Several Supreme Court cases have upheld the rule of law as a basic feature of the constitution. In conclusion, while not expressly mentioned, the rule of law governs India as a fundamental principle of constitutional governance.
Constitutional provisions of legal aid by Tanya Singh, 4th year,Tanya Shankar
The document discusses the constitutional provisions for legal aid in India. It notes that legal aid is meant to ensure access to justice for all, regardless of ability to pay. Key points:
- The Indian constitution includes the right to free legal aid under Articles 14, 21, and 39(A).
- The Supreme Court has ruled that free legal aid is a fundamental right that is part of the right to a fair trial and is implicit in Article 21's guarantees.
- Important cases like Hussainara Khatoon established that free legal aid must be provided to those unable to afford legal counsel.
- The Legal Services Authorities Act of 1987 was passed to give effect to the constitutional provisions for free
Article 19 of the Indian constitution guarantees six fundamental freedoms to citizens of India: freedom of speech and expression, freedom of assembly, freedom of association, freedom of movement, freedom to reside and settle in any part of India, and freedom to practice any profession. These freedoms are considered natural rights of citizens. The document also outlines Articles 20, 21, and 22 which protect citizens from conviction for offenses, protect life and personal liberty, and protect against arbitrary arrest and detention. Freedom of speech is subject to reasonable restrictions related to security, public order, relations with other countries, decency, contempt of court, defamation, and inciting offenses.
This document provides information about various writs that can be issued by Supreme Court and High Courts in India under Articles 32 and 226 of the Indian Constitution for enforcement of fundamental rights. It discusses the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto. For each writ, it provides a brief definition and explains the purpose and function of the writ. The document aims to explain the key judicial tools and techniques used by courts in India for constitutional adjudication and protection of fundamental rights.
The document discusses how law can be used as an instrument of social change. It notes that as societies change over time, new situations will arise that require the legal system to adapt accordingly to allow for peaceful change through legislation and judicial development. Specifically, the document outlines how certain harmful customs in India like sati, child marriage, and female infanticide were legally abolished through acts like the Sati Regulation Act and Child Marriage Restraint Act. However, it also notes that while social legislation can be based on social norms, laws alone cannot initiate change in social norms or values - people must internalize new legal norms for legislation to effectively create social change.
The document provides an overview of India's reservation system. It discusses:
- The history and objectives of reservations, which aim to improve opportunities for underprivileged communities.
- The types of reservations, including those based on caste, religion, gender, and domicile.
- The debates around reservations, with both advantages seen in increasing opportunities but also disadvantages like discouraging merit-based systems.
- The current situation sees arguments that reservations are no longer relevant but also counterarguments about the need to address continued inequalities.
- Suggestions are made that reforms are needed to avoid vote bank politics and focus more on economic status, while also not removing reservations altogether at this time due to reliance on
The document discusses India's reservation policies and affirmative action programs. It outlines that quotas exist for underrepresented groups like Scheduled Castes, Scheduled Tribes, and Other Backward Classes in government jobs, public education, and political positions. Private companies like Tata have also voluntarily implemented affirmative action programs through initiatives like skills training and relaxed hiring criteria for disadvantaged groups. While the policies have increased representation, issues around merit dilution and lower productivity in private industry remain. An ideal solution would be to remove all reservation criteria and ensure non-discrimination.
Public Utility Laws on Railways, electricity,Fire Services and gas and petroleumShivani Sharma
The document discusses various public utility laws and sectors in India including railways, electricity, oil and gas, and fire extinguishing services. It provides an overview of the characteristics of public utilities and outlines some of the key legislations that govern each sector. The railways, electricity, and oil and gas sectors are dominated by the public sector and regulated through various central and state level acts aimed at facilitating development and access while ensuring safety standards.
This document discusses judicial activism in India. It notes that the Supreme Court has increasingly made decisions on issues like pollution control, medical education standards, traffic safety regulations, and river interlinking projects. As politicians struggle with gridlock, the Supreme Court judges have taken a lead in shaping policy. However, others see this as a threat to democracy and investor interests. The document discusses the history of judicial activism in India since independence and debates around appropriate roles for the different branches of government. It also covers the rise of public interest litigation in India in expanding judicial power and access.
Income tax authorities under Income tax act 1961Chirantan Tiwari
The document summarizes the key income tax authorities in India and their roles and responsibilities.
The main authorities are:
1) The Central Board of Direct Taxes (CBDT) which is responsible for policy and administration of direct taxes.
2) Income tax officers, tax recovery officers, and inspectors who handle assessments, collections, and enforcement.
3) The CBDT, directors general, commissioners, and joint commissioners can appoint other tax authorities and delegate powers.
4) The jurisdiction and powers of tax authorities are determined by the CBDT through orders and directions.
This document summarizes John Austin's analytical positivism school of jurisprudence. It outlines that Austin viewed law as the command of the sovereign, with three key aspects: 1) commands are general rules for a community backed by sanctions, 2) a sovereign is the ultimate human source of law, and 3) law and morality are separate, with law defined by its coercive power rather than moral content. The document also notes chief legal philosophers of this school and some criticisms of Austin's theory.
This document discusses administrative tribunals in India. It defines tribunals and distinguishes them from courts and executive authorities. Tribunals were established to handle the growing workload of courts due to expanded government functions. While tribunals have some court-like qualities, they are not bound by strict rules of evidence and procedure. The document outlines the constitutional provisions related to tribunals, their powers and limitations, as well as recommendations from committees on improving their structure and functions.
PUBLIC SERVICE COMMISSION Article 315 - Article 323 Sai Vardhana
Public Service Commission Very important topic to be studied by everyone mainly UPSC aspirants, Law Students. This Presentation is prepared based on Articles of Public Service commission from Art 315 - Art 323. This topic discusses about the working, Procedure of recruitment of IAS officers, Chairman and members of commission of state and also Union and also Joint state Public Service commission in India.
This document discusses the meaning and importance of rights. It defines rights as conditions granted by the state for public welfare. Rights can be positive or negative and every right corresponds to a duty. The document then classifies rights into moral rights and legal rights. Moral rights are based on ethics while legal rights are recognized and enforced by law. It provides examples of different types of legal rights like civil rights, political rights, and economic rights. It also discusses the fundamental rights granted by the Indian constitution like right to life, equality, freedom of speech and religion.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
This document provides an overview of the course "Administrative Law" taught by Dal Chandra. It is divided into 6 modules that cover: 1) Introduction to administrative law 2) Delegated legislation 3) Administrative tribunals and natural justice 4) Judicial review of administrative action 5) Administrative discretion and redress of grievances 6) Government liability. The introduction defines administrative law and traces its origins and evolution in India from ancient times to the modern welfare state. It explains the expanded role and powers of public administration that necessitated the growth of this legal field.
This document discusses center-state relations in India based on the country's federal system. It covers three key areas: legislative relations, administrative relations, and financial relations between the central and state governments as outlined in the Indian constitution. For legislative relations, it describes the division of lawmaking powers between the union/central parliament and state legislatures. For administrative relations, it discusses techniques of central control over states and mechanisms for inter-state coordination. For financial relations, it outlines the allocation of tax revenues and financial resources between the center and states.
The American Convention on Human Rights (ACHR) is an international treaty that protects civil, political, economic, social and cultural rights of citizens in countries within the Organization of American States. It established the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights to monitor compliance and resolve disputes. The Convention protects a wide range of individual rights and freedoms and allows for their suspension during war or other emergencies, while distinguishing itself from the European Convention on Human Rights through its emphasis on individual duties as well as rights.
This document provides an overview of public maladministration and remedies available to address it. It defines maladministration broadly as improper administrative action or inaction resulting from improper considerations. There are three types of remedies: managerial, which focuses on reforms; legal, which involves enacting administrative laws; and political, which emphasizes openness, legislative oversight, and citizen participation. The document also discusses the ombudsman model as a remedy, describing the historical tradition and legal definitions of an ombudsman. It provides details on the jurisdiction, complaints process, and investigation procedures of the UK Parliamentary Commissioner for Administration, which was the first ombudsman established.
this ppt is very much useful for the students pursuing First year in B.COM for the Company Law subject. Specially the students of Saurashtra University.
The document discusses the concept of discretion in administrative law. It defines discretionary powers as those that allow administrative bodies to apply principles and criteria based on the specific facts and circumstances of individual cases, rather than applying rules uniformly. It notes that discretion is necessary for the smooth functioning of administration and doing justice, but can also lead to arbitrariness if not constrained. The document outlines various views on discretion and how it can be abused, as well as how courts have ruled on challenges to the exercise of discretionary powers under Articles 14, 19, and 21 of the Indian Constitution.
The document discusses the rule of law in India. It defines the rule of law and outlines A.V. Dicey's three postulates: supremacy of law, equality before the law, and predominance of legal spirit. It examines how the rule of law is reflected in the Indian constitution through fundamental rights, judicial independence, and judicial review. Several Supreme Court cases have upheld the rule of law as a basic feature of the constitution. In conclusion, while not expressly mentioned, the rule of law governs India as a fundamental principle of constitutional governance.
Constitutional provisions of legal aid by Tanya Singh, 4th year,Tanya Shankar
The document discusses the constitutional provisions for legal aid in India. It notes that legal aid is meant to ensure access to justice for all, regardless of ability to pay. Key points:
- The Indian constitution includes the right to free legal aid under Articles 14, 21, and 39(A).
- The Supreme Court has ruled that free legal aid is a fundamental right that is part of the right to a fair trial and is implicit in Article 21's guarantees.
- Important cases like Hussainara Khatoon established that free legal aid must be provided to those unable to afford legal counsel.
- The Legal Services Authorities Act of 1987 was passed to give effect to the constitutional provisions for free
Article 19 of the Indian constitution guarantees six fundamental freedoms to citizens of India: freedom of speech and expression, freedom of assembly, freedom of association, freedom of movement, freedom to reside and settle in any part of India, and freedom to practice any profession. These freedoms are considered natural rights of citizens. The document also outlines Articles 20, 21, and 22 which protect citizens from conviction for offenses, protect life and personal liberty, and protect against arbitrary arrest and detention. Freedom of speech is subject to reasonable restrictions related to security, public order, relations with other countries, decency, contempt of court, defamation, and inciting offenses.
This document provides information about various writs that can be issued by Supreme Court and High Courts in India under Articles 32 and 226 of the Indian Constitution for enforcement of fundamental rights. It discusses the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto. For each writ, it provides a brief definition and explains the purpose and function of the writ. The document aims to explain the key judicial tools and techniques used by courts in India for constitutional adjudication and protection of fundamental rights.
The document discusses how law can be used as an instrument of social change. It notes that as societies change over time, new situations will arise that require the legal system to adapt accordingly to allow for peaceful change through legislation and judicial development. Specifically, the document outlines how certain harmful customs in India like sati, child marriage, and female infanticide were legally abolished through acts like the Sati Regulation Act and Child Marriage Restraint Act. However, it also notes that while social legislation can be based on social norms, laws alone cannot initiate change in social norms or values - people must internalize new legal norms for legislation to effectively create social change.
The document provides an overview of India's reservation system. It discusses:
- The history and objectives of reservations, which aim to improve opportunities for underprivileged communities.
- The types of reservations, including those based on caste, religion, gender, and domicile.
- The debates around reservations, with both advantages seen in increasing opportunities but also disadvantages like discouraging merit-based systems.
- The current situation sees arguments that reservations are no longer relevant but also counterarguments about the need to address continued inequalities.
- Suggestions are made that reforms are needed to avoid vote bank politics and focus more on economic status, while also not removing reservations altogether at this time due to reliance on
The document discusses India's reservation policies and affirmative action programs. It outlines that quotas exist for underrepresented groups like Scheduled Castes, Scheduled Tribes, and Other Backward Classes in government jobs, public education, and political positions. Private companies like Tata have also voluntarily implemented affirmative action programs through initiatives like skills training and relaxed hiring criteria for disadvantaged groups. While the policies have increased representation, issues around merit dilution and lower productivity in private industry remain. An ideal solution would be to remove all reservation criteria and ensure non-discrimination.
Policies and programmes_of_government_to_improve_educatonalAnu Radha
The document discusses government policies and programs in India to improve educational opportunities for disadvantaged groups. It outlines various commissions that made recommendations around reservation and quotas. It then details the various policies around reservations in education and government jobs for Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, women, and people with disabilities. It also discusses the various state and central government programs focused on scholarships, free textbooks and uniforms, hostels, and coaching to promote access to education for disadvantaged communities in India.
The Mandal Commission was established in 1979 to identify socially and educationally backward classes in India. It recommended 27% reservation for other backward classes (OBCs) in government jobs and educational institutions. The commission used 11 indicators across social, economic, and educational criteria to determine backwardness. It estimated that OBCs comprised 52% of the population. The recommendation faced protests from upper castes and nearly 200 students committed self-immolation opposing reservations for OBCs. The Supreme Court upheld 27% OBC reservations in 1992.
The Mandal Commission was established in 1979 to identify socially and educationally backward classes in India. It recommended 27% reservation for other backward classes (OBCs) in government jobs and educational institutions. This was based on finding that 52% of the population fell under 3,743 OBC categories using 11 indicators of backwardness. However, the recommendation faced massive protests from upper castes and nearly 200 students committed self-immolation opposing reservations negatively impacting their job prospects. The Supreme Court upheld 27% OBC reservations in 1992.
Reservation in indian education systemGaurav Yadav
This document summarizes the history and current system of reservations in the Indian education system. It begins with an introduction to reservations as a form of affirmative action that sets aside seats for underrepresented communities defined by caste and tribe. It then discusses the history of reservations dating back to Dr. Ambedkar and the Mandal Commission. It outlines the different types of reservations and provides the current percentage reservations by caste as set by the government. It also discusses the consequences, advantages, and disadvantages of the reservation system as well as some proposed solutions and conclusions.
Reservation policies in india presentationKalp Sharma
This Presentation has been made in order to bring to the attention of the general public how reservation policies in India has impacted the country as a whole and what steps need to be taken in order to bring out the better side of it.
This document discusses affirmative action policies for castes in India. It provides background on the caste system and historical discrimination faced by lower castes. The constitution includes provisions for affirmative action to promote equal opportunity and protect disadvantaged groups. Current policies include quotas for government jobs, education admissions, and legislative seats for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. However, caste-based discrimination and disparities persist, indicating more work is needed to fully address social exclusion. The document argues that affirmative action policies aim to promote justice and should continue in order to eliminate the root causes of caste oppression in India.
The document discusses India's reservation system which aims to promote access to education and employment for disadvantaged groups. It outlines the current reservation quotas of 45% for scheduled castes, scheduled tribes and other backward classes. While supporters see reservations as promoting social justice and representation, critics argue it hampers meritocracy and has created feelings of discrimination. The document examines various types of reservations including those based on caste, gender, religion and employment. It also discusses the pros and cons of the system as well as proposed solutions like tracking benefits and limiting reservations to the first two children in a family.
Reservation in India provides quotas for underrepresented groups in government jobs and public education. The current system reserves 49.5% of seats for Scheduled Castes (15%), Scheduled Tribes (7.5%), and Other Backward Classes (27%). Critics argue this deprives more qualified general category candidates of opportunities and has slowed India's development, while supporters counter that it aims to promote equality after historical discrimination. Long-term consequences are still debated, as the population of reserved groups has grown but caste-based data is not officially collected. Some general category communities are now demanding their own reservations.
Local Governments and Decentralisation in IndiaAI_2014
This document provides a history and overview of decentralization and local governments in India. It discusses the traditional village self-governing systems that existed, the introduction of local governments during British rule, and the constitutional recognition of Panchayati Raj after independence. While the 73rd and 74th amendments aimed to constitutionally mandate democratic local governance, in practice Panchayats have faced issues like lack of real financial and administrative autonomy, elite capture, and poor community empowerment that have limited their effectiveness. Real decentralization requires clear roles, financial independence, accountability, and capacity building support for local governments.
This document provides background information on Scheduled Castes and Scheduled Tribes in India. It discusses how they have historically faced social, economic, political and educational problems due to their low status in the caste hierarchy. It outlines the constitutional provisions and government policies that have aimed to promote equality of opportunity and reservations for Scheduled Castes and Scheduled Tribes, especially in education. Key points covered include the criteria for identifying castes and tribes to be included in the official schedules, commitments by the current government to affirmative action and educational development, and special provisions made in educational schemes.
The document provides an overview of India's reservation system, which aims to promote access to education and employment for disadvantaged groups. It discusses the types of reservations, including those based on caste, gender, education, employment and transportation. While reservations have helped historically marginalized groups, there is ongoing debate about their impact and whether merits should be prioritized over caste or gender. The document outlines some of the perceived pros and cons, consequences and proposed solutions to balance equity and merit in India's reservation system.
Reservation in Education, Employment, Beneficiary group of the reservation System, Excluded from the reservation system, Advantages and Disadvantages of reservation system,
The document discusses India's reservation policy, which aims to promote access to education and government jobs for historically disadvantaged groups. It provides a history of reservations from the late 19th century under British rule to their codification in the Indian Constitution in 1950. Key events include the Mandal Commission recommendations in 1980 to expand quotas to other backward classes, exceeding 50% in some states. Debate continues around the appropriate scope and implementation of reservations.
The document discusses India's reservation system, which was introduced to promote equal progress across all sections of society. It has faced criticism from the general category for perceived subjection. While reservations aimed to aid disadvantaged groups, there are concerns they are not always helping those most deserving or in need. The document examines perspectives on reservations and proposes some alternatives to the current system.
IRJET- A Study on the Issues of Reservation Policies in IndiaIRJET Journal
This document discusses the reservation policy in India. It provides background on the historical development of reservation policies dating back to the 19th century British rule. Key events discussed include the establishment of the first and second Backward Classes Commissions in 1953 and 1979 (Mandal Commission). The Mandal Commission recommended 27% reservation for Other Backward Classes. The document also outlines provisions in the Indian Constitution related to reservation, such as Articles 15(4), 16(4), 46, 341-342. It analyzes the criteria used to identify socially and educationally backward classes for the purposes of reservation. Overall, the document provides a comprehensive overview of the history and current framework of India's reservation system.
Constitutional provisions & judicial options printkrishna G
This document discusses and summarizes various constitutional provisions related to reservations and affirmative action for socially and educationally backward classes in India. It discusses how the constitution allows for affirmative action for disadvantaged groups. It argues that Muslims can be considered a socially and educationally backward class and considers various judicial interpretations on this issue. The document also critiques the reasoning and questions posed by a High Court judgment on reservations for Muslims in the state.
Ethics and Values( Reservation in India )SurajSingh894
This presentation is made by me,By using many internet sources.This presentation is based on Reservation in INDIA.Every topic is covered in this presentation.Hope it Helps...
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2. INTRODUCTION
• In the Indian social system, due to the caste structure designed, the
difference in status and classes causing injustice to society is not
accepted by any state.
• In the ancient period of India, the backward castes had been denied
all kinds of social and economic endowments.
• Dr BR Ambedkar sounded a grave warning in the Constituent
Assembly: "On January 26, 1950, we will have equality in politics and
inequality in social and economic life. We must remove this
contradiction at the earliest moment.
• The social and economic deprivation among Scheduled Castes had
been most common during pre and post-Independence.
3. State of Madras v. Champakam
Dorairajan (AIR 1951 SC 226)
• This is a landmark decision of the Supreme Court of India. This
verdict led to the First Amendment of the Constitution of India.
• It was the first major verdict regarding reservations in Republic
of India.
• In its ruling the Supreme Court upheld the Madras High
Court verdict.
• The Communal G.O had provided caste based reservation in
government jobs and college seats. The Supreme Court's verdict
held that providing such reservations was in violation of Article
16 (2) of the Indian Constitution.
4. 1st Amendment -1951
• Jawaharlal Nehru encouraged the Parliament of
India to pass the amendment in response to State of
Madras v. Champakam Dorairajan which went
before the Supreme Court of India.
• In that case, a Brahmin woman in Madras
(now Chennai) challenged the state's Communal
General Order, which established caste quotas in
government-supported medical and engineering
schools, on the grounds that it denied her equality
under the law; both courts had upheld her petition.
• Aside from Nehru, B. R. Ambedkar also spoke in
support of the proposed amendment, while Syama
Prasad Mookerjee spoke in opposition to it.
5. Continue..
• 1st Amendement clarified that the right to
equality does not bar the enactment of laws
which provide "special consideration" for
weaker sections of society.
• The State should promote with special care
the educational and economic interests of the
weaker sections of the people and protect
them from social injustice.
6. Continue..
• In 1st amendment Art.15 (4) of the constitution, shall not be
violating of Art.15 or Art.29 (2)
• If state makes any special provision for the any socially and
educationally backward classes of citizens or for the Scheduled
caste and the Scheduled Tribes.
• Art.15(5) of the constitution it shall not be violating of Art.15 or
Art 19(1) (g)
• If state making any provision, by any law, for the advancement
of any SEBC of citizen or for ST/SC
• Such special provisions relate to their admission to educational
institutions, whether aided or unaided by the state, other than
the minority educational institutions referred in Art.30(1)
7. COMMISSION FOR SEBC
• Art.340 Appointment of a Commission to investigate the
conditions of backward classes.
• The President may by order appoint Commission consisting
of such persons as he thinks fit to investigate the conditions
of socially and educationally backward classes within the
territory of India .
• The difficulties under which they effort and to make
recommendations as to the steps that should be taken by
the Union or any State to remove such difficulties and to
improve their condition and as to the grants that should be
made for the purpose by the Union or any State.
8. 1ST COMMISSION FOR SEBC
(KALELKAR COMMISSION)
• The first Backward Classes Commission was constituted on 29th
January, 1953 under the chairmanship of Kakasaheb Kalelkar
• Recommendations
• Undertaking caste-wise enumeration of population in the census of
1961.
• Relating social backwardness of a class to its low position in the
traditional caste hierarchy of Hindu society
• Treating all women as a class as ‘backward’
• Reservation of 70 % seats in all technical and professional institutions
for qualified students of backward classes.
• minimum reservation of vacancies in all government services and
local bodies for other backward classes on the following scale: class I
= 25 %; class II = 33½ % ;class III and IV = 40%
9. IMPLEMENTATION
Scheduled Caste and Scheduled Tribes
• This commission also examined the existing list of ST/SC
and recommended certain additions to, and deletions
from, these lists.
• These recommendations were duly examined in
consultation with the State Governments, the
Commissioner of the Schedule Tribes and the Deputy
Registrar General, and the Government accepted these
recommendations by passing The Scheduled Caste and
Scheduled Tribes Orders (Amed.) Act, 1956.
• This report was rejected by the Central government on
the ground that it had not applied any objective tests for
identifying the Backward Class. Thus there was a need
of second backward classes Commission.
10. 2ND COMMISSION FOR SEBC
(MANDAL COMMISSION)
• On January 01,1979 janta party Gov. headed by
Shree Moraji Desai, appointed 2nd backward classes
commission under Art.340 under the chairmanship
of Shree BP Mandal
11. Recommendations
• The reservation of 27 % jobs for those who do not qualify
on the basis of merit.
• The reservation of 27 % for promotions at all levels.
• The reserved quota, if unfilled, should be carried forward
for a period of three years and dereserved thereafter.
• Age relaxation for the backward classes should be the
same as it is in the case of the ST/SC
• The principle of reservation should be made applicable to
all the public sector undertakings, banks, and private
undertakings receiving grants from the central and state
governments, universities and colleges.
• The government should make the necessary legal
provisions for implementing these recommendations.
12. Criteria to identify OBC
• The commission adopted 11 criteria.
• three major headings: SOCIAL, EDUCATIONA, ECONOMIC identify
OBCs
• Social CASTES / CLASSES
• Considered as socially backward by others.
• Which mainly depend on manual labour for their livelihood.
• Where at least 25 % females and 10 % males above the state
average get married at an age below 17 years in rural areas and at
least 10 % females and 5% males do so in urban areas.
• Where participation of females in work is at least 25 % above the
state average
13. Educational
• Caste /classes
• where the number of children in the age
group of 5–15 years who never attended
school is at least 25% above the state average.
• where the rate of student drop-out in the age
group of 5–15 years is at least 25% above the
state average.
• whom the proportion of matriculates is at
least 25 per cent below the state average.
14. Economic
• Caste / classes
• where the average value of family assets is at least
25% below the state average.
• where the number of families living in kuccha houses
is at least 25% above the state average.
• where the source of drinking water is beyond half
a kilometer for more than 50% of the households.
• where the number of households having taken
consumption loans is at least 25% above the state
average.
15. IMPLEMENTATION
• The commission identified as many as 3743 castes as
socially and educationally backward and recommended
then for reservation of 27% Gove. job for them
• All the recommendations of the report are not
yet implemented.
• The recommendation of reservations for OBC's in
government services was implemented in 1993.
• As on 27 June 2008 there is still a backlog of 28, 670
OBC vacancies in government jobs.
• The recommendation of reservations in Higher
educational institutes is implemented in 2008.
16. Present caste-based reservation
system of Union Government
CATEGORY AS PER GOV.OF INDIA RESERVATION % AS PER GOV. OF INDIA
Schedule Tribes (ST) 7.5%
Schedule caste (SC) 15%
Other Backward classes (OBC) 27%
Total % 49.5%
•In Indra Sawhney v. Union of India the SC held the Reservation shall not
exceed 50%.
17. CONCLUSION
• 18 States appoint commission for SEBC and giving
preference.
• GUJARAT state appoint RANE COMMISSION for
upliftment of social and education wise backward
class.
• Indian law accepted the caste system . So post
independence the Gov. taken various steps for undo
the past injustice…..
• Relationships between castes have become more
relaxed today.
18. Thank you very much !
Prepare by :-
Mihir Vakhariya
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