AJIT SINGH AND ORS. v. ST A TE OF PUNJAB AND ORS.
vidhipandit.com/case/sc-s-1999-5-195-196
Decision dates shown here are day-precision where the judgment's own text states a date the extractor is confident in, and year only otherwise -- never a fabricated day. See the editorial policy for how dates are extracted.
Headnote — Supreme Court Reports (editorial summary, not part of the judgment)
Reporter's headnote (continued) and case details
DECEMBER 8, 1999
Constitution of India, I950 :
Article I6(4)-Public employment-Power of State to make provision C for reservation for backward class of citizens-Held, Article I 6(4) is only an enabling provision.
Ajit Singh II v. State of Punjab, [1997) 7 SCC 209, reiterated.
Indira Sawhney v. Union ofIndia, (1992) Suppl. 2 SCR 454; MR. Balaji D v. State of Mysore, (1963) Suppl. 1SCR439; C.A. Rajendran v. Union ofIndia, (1968) 1 SCR ·721; P& T Scheduled Caste/Tribe Employees Welfare Association (Regd.) v. Union of India, (1998) 4 SCC 147 and State Bank of India v. Scheduled Caste/Tribe Employees Welfare Association, 1996 4 SCC 119, relied on. E CIVIL APPELLATE JURISDICTION : Review Petition (Civil) Nos. 1504-1506of1999.
IN
I.A. Nos. 1-3 of 1997. F
IN
Civil Appeal Nos. 3792-3794 of 1989.
From the Judgment and Order dated 23.8. l 989 of the Punjab and Haryana G High Court in C.W.P. Nos. 2190/88, 7860-7861of1987.
Judgment
The following Order of the Court was delivered :
Delay condoned. 195 H
196 SUPREME COURT REPORTS [1999) SUPP. 5 S.C.R:
A We are of the view that there are no merits in the review applications.
In Ajit Singh II v. State of Punjab, [1997] 7 SCC 209, It was stated (at PP. 229-230) relying upon earlier judgments starting from 1963, that Article 16(4) was only an enabling provision and did not impose any constitutional duty nor confer any fundamental right for reservations. The observations at B page 691 by Jeevan Reddy, J. in Indira Sawhney relied upon in the review applications do not deal with the above issue. It was the view of two Constitution Bench Judgments of this Court one of 1963 in M.R. Ba/aji v. State ofMysore, [1963] Supp. 1 SCR439 and another in 1968 in C.A. Rajendran v. Union ofIndia, [1968] 1 SCR 721 and also two three judgments of this Court C in P& T Scheduled Caste/Tribe Employees Welfare Association (Regd) v. Union of India, [1998] 4 SCC 147 and State Bank of India v. Scheduled Castel Tribes Employees Welfare Association, [ 1996] 4 SCC 1191, that Article 16 (4) was only an enabling provision. The view was nowhere dissented in Indira Sawhney much less at page 691 by Jeevan Reddy, J.
D It appears to us that all the nine Judges in Indira Sawhney were of the same view that Article 16 (4) was not in the nature of a fundamental right and was only an enabling provision. In this connection, reference may be made with advantage to the view of the Jeevan Reddy, J. (at pages 667-735) referring to Subba Rao, J. That Article 16 (4) was a provision conferring a 'power' and referring to Article 16 (1) alone as a guarantee and not to Article 16 (4); to the view of Sawant, J. (at page 517, para 43 (4), Pandian J. (at page 407, para 168). Thommen, J. (at page 449, para 284), Sahai, J. (at page 580) with whom Kuldip Singh, J. agreed, - all expressly stating that Article 16 (4) was only an enabling provision. Thus, majority of the learned Judges expressly stated that Article 16 (4) was an "enabling provision". Merely because the reservation for backward classes was created as reasonable classification and justified at page 691, that does not detract from the view that Article 16 (4) was only an enabling provision.
For the aforesaid reasons; we find there is no merit in these review petitions which are dismissed. G RP. Review Petitions dismissed.
.. '
Report an error in this judgment →
Contains information from the Indian High Court / Supreme Court Judgments dataset, licensed under CC-BY-4.0