Asked in Constitutional Law for South Carolina

Q: Does the 50% reservation given to guest teachers in Madhya Pradesh teacher recruitment violate the limit set by SC

Indira sahni vs union of india case 1992

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James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: The question regarding whether the 50% reservation given to guest teachers in Madhya Pradesh teacher recruitment violates the limit set by the Supreme Court in the case of Indira Sawhney v. Union of India, 1992, is a nuanced one and would ultimately be determined through a detailed legal analysis involving various constitutional principles and judicial precedents.

In the Indira Sawhney case, the Supreme Court did indeed affirm that reservations under Article 16(4) should not exceed 50%, noting that keeping reservations within this limit ensures equality as articulated in Article 14 of the Indian Constitution. However, it also left room for certain exceptional circumstances where this limit could potentially be crossed.

With respect to the 50% reservation given to guest teachers in Madhya Pradesh, it is essential to look into the specific details of the policy, including the rationale behind such a high percentage of reservation, and whether there are extraordinary circumstances that necessitate this. If challenged, the courts would weigh the policy against the principles upheld in the Indira Sawhney case and other relevant case laws to determine its constitutionality.

Therefore, while on the surface it appears that a 50% reservation is at the maximum limit set by the Supreme Court, a conclusive legal opinion would depend on a deep analysis of the policy in light of the constitutional principles and precedents set by the judiciary. It is advisable to refer this matter to legal experts for a comprehensive understanding.

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