Skip to main content

Indra Sawhney & Others v. Union of India by GPT 4.0

 The case of Indra Sawhney & Others v. Union of India, also known as the Mandal Commission case, is a landmark judgement by the Supreme Court of India, delivered in 1992. This case is particularly significant for its detailed examination and interpretation of the concept of reservations in India, especially in the context of government jobs and educational institutions.


The case arose from the recommendations of the Mandal Commission, which was established in 1979 to identify socially and educationally backward classes and recommend measures for their advancement. The Commission recommended that 27% of government jobs be reserved for Other Backward Classes (OBCs), in addition to the existing reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs).

Legal Issues:

The key legal issues revolved around the constitutional validity of providing reservations for OBCs and the definition and identification of "backward classes." Another significant issue was whether such reservations violated the right to equality guaranteed under Article 14 of the Indian Constitution.

Supreme Court Judgment:

- Upholding Reservations for OBCs: The Supreme Court upheld the implementation of 27% reservation for OBCs, stating that it was in line with the constitutional mandate to promote social justice.

- Defining 'Creamy Layer': The court introduced the concept of the 'creamy layer', excluding the more advanced members of the OBCs from availing of the benefits of reservations.

- Cap on Total Reservations: The court held that the total quantum of reservations should not exceed 50% of the available positions, to balance the need for affirmative action with the principle of equal opportunity.

- No Reservation in Promotions: It was ruled that reservations in promotions were not permissible under the Constitution.

- Economic Criteria: The court observed that poverty, not caste, should be the basis for determining economic backwardness.

Significance of the Judgment:

1. Balancing Affirmative Action and Equality: The judgement was crucial in balancing the need for affirmative action for backward classes with the right to equality for all citizens.

2. Concept of Creamy Layer: The introduction of the 'creamy layer' criterion was a significant step in ensuring that the benefits of reservations reached the most deserving sections within the OBCs.

3. Framework for Social Justice: The judgement provided a comprehensive framework for the implementation of social justice measures in India.

4. Impact on Reservation Policies: This judgement has had a lasting impact on reservation policies in India, guiding subsequent legislation and policies on the subject.


The Indra Sawhney case is a seminal judgement in the field of Indian constitutional law and social justice. It played a critical role in shaping the contours of the reservation policy in India, balancing the objectives of equality and social justice enshrined in the Constitution.

For more detailed information on this case, you can refer to resources like [Indian Kanoon]( or academic articles that discuss its implications.


Popular posts from this blog

20 more interesting and significant legal cases in the history of the UK by GPT4.0

  Here are 20 more interesting and significant legal cases in the history of the UK, which have had a considerable impact on various areas of law: 1. Airedale NHS Trust v Bland (1993): Addressed the legality of withdrawing life-sustaining treatment from a patient in a persistent vegetative state. 2. Ridge v Baldwin (1964): A significant case in administrative law, involving the improper dismissal of a Chief Constable. 3. Pepper v Hart (1993): Established that when interpreting statutes, reference can be made to the Parliament's debates for clarity. 4. Woolmington v DPP (1935): A fundamental case in criminal law, establishing the principle that the prosecution must prove the defendant's guilt (presumption of innocence). 5. Caparo Industries plc v Dickman (1990): Important for establishing the test for a duty of care in negligence law. 6. Shamoon v Chief Constable of the Royal Ulster Constabulary (2003): Key case in employment law, particularly on the issue of sex discrimination.

Top 10 Interesting cases in the Indian Judiciary by GPT 4.0

  Here are summaries of some of the most interesting and significant cases in the history of the Indian judiciary: 1. Bhawal Case (1921-1946): This unusual case involved a claimant who appeared years after the supposed death of Ramendra, the second son of the zamindar of Bhawal, claiming to be him. The case went through several trials and appeals, and it concluded with the Privy Council in London ruling in favor of the claimant in 1946. However, the claimant died shortly after the verdict. 2. ADM Jabalpur v Shivakant Shukla (1976): Known as the Habeas Corpus case, it's one of the most critical cases in Indian constitutional history. During the Emergency of 1975, the right to seek enforcement of rights under Articles 14, 21, and 22 was suspended. The Supreme Court controversially upheld this suspension. 3. Himmat Lal Shah v. Commissioner of Police (1973): This case was crucial in upholding the citizens' right to hold public meetings and the extent to which the state can regulate

"Miranda v. Arizona" (1966) by GPT4.0

  "Miranda v. Arizona" (1966) is a landmark U.S. Supreme Court decision that significantly impacted law enforcement practices and the rights of accused persons in the United States. This case established the principle that criminal suspects must be informed of their rights before interrogation, a protocol now known as the "Miranda warning." Background: - Ernesto Miranda: The case centered around Ernesto Miranda, who was arrested in 1963 and charged with kidnapping, rape, and armed robbery in Phoenix, Arizona. - Interrogation and Confession: Miranda was interrogated by police officers for two hours, during which he confessed to the crimes. However, he was not informed of his right to an attorney or his right to remain silent. The Legal Issues: - Fifth Amendment: The case raised questions about the application of the Fifth Amendment's protection against self-incrimination, particularly in the context of police interrogations. - Sixth Amendment: It also involved th