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2018 (9) TMI 2087 - SC - Indian LawsEquality of opportunity in matters of public employment - Claims of Scheduled Castes and Scheduled Tribes to services and posts - HELD THAT:- It is easy to see the pattern of Article 46 being followed in Article 16(4) and Article 16(4-A). Whereas “backward classes” in Article 16(4) is equivalent to the “weaker sections of the people” in Article 46, and is the overall genus, the species of Scheduled Castes and Scheduled Tribes is separately mentioned in the latter part of Article 46 and Article 16(4-A). This is for the reason, as has been pointed out by us earlier, that the Scheduled Castes and the Scheduled Tribes are the most backward or the weakest of the weaker sections of society, and are, therefore, presumed to be backward. It can be seen that when seats are to be reserved in the House of the People for the Scheduled Castes and Scheduled Tribes, the test of proportionality to the population is mandated by the Constitution. The difference in language between this provision and Article 16(4-A) is important, and we decline the invitation of the learned Attorney General to say any more in this behalf. The conclusion in M. NAGARAJ & ORS VERSUS UNION OF INDIA & ORS. [2006 (10) TMI 420 - SUPREME COURT] that the State has to collect quantifiable data showing backwardness of the Scheduled Castes and the Scheduled Tribes, being contrary to the nine-Judge Bench in INDRA SAWHNEY ETC. ETC VERSUS UNION OF INDIA AND OTHERS, ETC. [1992 (11) TMI 277 - SUPREME COURT] is held to be invalid to this extent. Application disposed off.
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