Social Backwardness - Law Dictionary Search Results
Home Dictionary Name: social backwardnessSocial backwardness
Social backwardness, in ascertaining social back-wardness of a class of citizens it may not be irrelevant to consider the caste of the group of citizens. Caste cannot however be made the sole or dominant test. Social backwardness is in the ultimate analysis the result of poverty to a large extent. Social backwardness which results from poverty is likely to be aggravated by considerations of their caste. This shows the relevance of both caste and poverty in determining factor of social backwardness of citizens. Poverty by itself is not the determining factor of social backwardness. Poverty is relevant in the context of social backwardness, Kumari K.S. Jayasree v. State of Kerala, AIR 1976 SC 2381 (2385): (1976) 3 SCC 730: (1977) 1 SCR 194....
Socially and educationally backward classes
Socially and educationally backward classes, the expression 'socially and educationally backward classes' in Article 15(4) was explained in Balaji's case, AIR 1963 SC 649 to be comparable to Scheduled Castes and Scheduled Tribes. The reason is that the Scheduled Castes and Scheduled Tribes illustrated social and educational backwardness. It is difficult to define the expression 'socially and educationally backward classes of citizens'. The traditional unchanging occupations of citizens may contribute to social and educational backwardness. The place of habitation and its environment is also a determining factor in judging the social and educational backwardness, State of Uttar Pradesh v. Pradip Tandon, AIR 1975 SC 563 (567): (1975) 1SCC 267: (1975) 2 SCR 761...
Backward classes
Backward classes, It is necessary to satisfy two conditions to attract clause (4) of Article 16, namely,(i) a class of citizens is backward, i.e., socially and educationally, in the sense explained in Balaji's case ([1963] Supp 1 SCR 439); and(ii) the said class is not adequately represented in the services under the State. It is held in Balaji's case that backwardness under Article 15(4) must be social and political and that social backwardness was in the ultimate analysis the result of poverty to a very large extent, Triloki Nath Tikku v. State of Jammu & Kashmir, AIR 1967 SC 1283: (1967) 2 SCR 265. [Constitution of India, Art. 16(4)]Backward classes, means socially and educationally backward classes within the territory of India, Constitution of India, Article 340.Backward classes, are classes slow in development, Webster Dictionary of Law, p. 108.Backward classes means such backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes, as may be specified by...
Scheduled caste
Scheduled caste, article 341 makes it clear that a 'Scheduled Caste' need not be a 'caste' in the conventional sense and, therefore, may not be a caste within the meaning of Article 15(2) or 16(2). Scheduled Castes become such only if the President specifies any castes, races or tribes or parts or groups within castes, races or tribes for the purpose of the Constitution. So, a group or a s. of a group, which need not be a caste and may even be a hotchpotch of many castes or tribes or even races, may still be a Scheduled Caste under Article 341. Likewise, races or tribal communities or parts thereof or part or parts of groups within them may still be Scheduled Tribes (Article 342) for the purpose of the Constitution. Under this definition, one group in a caste may be a Scheduled Caste and another from the same caste may not be. It is the socio-economic backwardness of a social bracket, not mere birth in a caste, that is decisive. Conceptual errors creep in when traditional obsessions ob...
Special Backward Category
Special Backward Category, means socially and educationally backward classes of citizens declared as a Special Backward Category by the Govern-ment. [Maharashtra State Public Services (Reserva-tion for Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001, s. 2(m)]...
Backward class of citizens
Backward class of citizens, the expression 'backward class of citizens' in Article 16(4) means the same thing as the expression 'any socially and educationally backward class of citizens' in Article 16(4). In order to qualify for being called a 'backward class citizen' he must be a member of a socially and educationally backward class. It is social and educational backwardness of a class which is material for the purposes of both Articles 15(4) and 16(4), Janki Prasad Parimoo v. State of Jammu & Kashmir, (1973) 1 SCC 420 (433): AIR 1973 SC 930: (1973) 3 SCR 236....
Other Backward classes
Other Backward classes, means any socially and educationally Backward Classes of citizens as declared by the Government and includes other Backward classes declared by the Government of India in relation of the State of Maharashtra, Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001, s. 2(g)....
Classes of citizens
Classes of citizens, The expression 'classes of citizens' indicates a homogeneous s. of the people who are grouped together because of certain likenesses and common traits and who are identifiable by some common attributes. The homogeneity of the class of citizens is social and educational backwardness. neither caste nor religion nor place of birth will be the uniform element of common attributes to make them a class of citizens, State of Uttar Pradesh v. Pradip Tandon, (1975) 2 SCR 761 (567): AIR 1975 SC 563 (567); (1975) 1 SCC 267. [Constitution of India, Art. 15(4)]...
Discrimination
Discrimination, when used in Art. 304(a), involves an element of intentional and purposeful differentiation thereby creating economic barrier and involves an element of an unfavourable bias. It implies an unfair classification, Video Electronics P. Ltd. v. State of Punjab, AIR 1990 SC 820 (832): (1990) 3 SCC 87. [Constitution of India, Art. 304(a)]The Constitution of India prohibits the State from discriminating against any citizen in respect of any employment under it on the grounds of religion, race, caste sex, etc., Constitution of India, Art. 16(2).In India, Constitution prohibits the State from discriminating against any citizen on grounds of religion, race, sex, place of birth or any of them by putting restriction on their access and use certain public places, Constitution of India, Art. 15(1) and (2).The State is empowered to make special provisions for women, children socially and educationally backward classes, Scheduled Castes and Scheduled Tribes citizens in this regard, Con...
Poorer sections
Poorer sections, the expression 'poorer sections' de-notes a division among socially and educationally backward classes on economic criterion, Indira Sawhney v. Union of India, AIR 1993 SC 477 (632). [Constitution of India, Art. 16(4)]...
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