INDIRA SAWHNEY versus UNION OF INDIA AND ORS.

INDIRA SAWHNEY versus UNION OF INDIA AND ORS.

Reservation for Backward Classes under Articles 14 and 16(4) must exclude the 'creamy layer' as mandated by Supreme Court; Kerala Act's failure to identify and exclude 'creamy layer' is unconstitutional and violative of equality principle and judicial precedents.

Parties
Petitioner: Indira Sawhney; Respondent: Union of India; Respondent: State of Kerala; Amicus/expert: Justice K.C. Joseph Committee
Jurisdiction
India
Judgment Date
13 December 1999
Procedural Posture
Writ Petition and Interlocutory Applications / Judgment
Outcome
Sections 3, 4 and 6 of the Kerala State Backward Classes (Reservation of Appointments or Posts in the Service under the State) Act, 1995 declared unconstitutional and violative of Articles 14 and 16; recommendations of Justice K.C. Joseph Committee accepted prospectively.
Legal Topics
Reservation, Backward Classes, Creamy Layer, Equality Under the Constitution, Judicial Review
Constitutional Law Administrative Law Reservation Backward Classes Creamy Layer Equality Under the Constitution Judicial Review

Case Brief

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Parties

Indira Sawhney

Petitioner

Union of India

Respondent

State of Kerala

Respondent

Justice K.C. Joseph Committee

Amicus/expert

Procedural Posture

Writ Petition and Interlocutory Applications / Judgment

Legal Issues

  1. 1 Whether the Kerala State Backward Classes (Reservation of Appointments or Posts in the Service under the State) Act, 1995 is constitutional insofar as it fails to identify and exclude the 'creamy layer' among Backward Classes.
  2. 2 Whether exclusion of the 'creamy layer' is mandatory for reservations under Articles 14, 16(1), and 16(4) of the Constitution.
  3. 3 Whether caste alone can be the basis for identification of backward classes.

Ratio Decidendi

Reservation for Backward Classes under Articles 14 and 16(4) must exclude the 'creamy layer' as mandated by Supreme Court; Kerala Act's failure to identify and exclude 'creamy layer' is unconstitutional and violative of equality principle and judicial precedents.

Court Disposition

Sections 3, 4 and 6 of the Kerala State Backward Classes (Reservation of Appointments or Posts in the Service under the State) Act, 1995 declared unconstitutional and violative of Articles 14 and 16; recommendations of Justice K.C. Joseph Committee accepted prospectively.

Orders

  • Immediate operation of Justice K.C. Joseph Committee's Report to exclude creamy layer from date of judgment.
  • State of Kerala permitted to make provision for exclusion of creamy layer consistent with Constitution and Supreme Court judgments.