Holding

The Karnataka reservation orders exceeding 50% of seats/posts are invalid; reservation must be reasonable, not exceed the 50% ceiling, and identification of backward classes must consider economic and other relevant factors, not caste alone.

Summary

The Supreme Court examined the constitutionality of Karnataka's reservation orders (1977, 1979) that set aside 68% of seats in professional colleges and 66% of posts in government services for Scheduled Castes, Scheduled Tribes and other backward classes under Articles 15(4) and 16(4). The Court held that reservation must be within reasonable limits, generally not exceeding 50% of total seats or posts, and that caste cannot be the sole or dominant criterion for identifying socially and educationally backward classes; economic poverty, occupation and other relevant factors must be considered. Consequently, the excessive reservation orders were struck down and the State was directed to re‑determine the criteria and extent of reservation in line with constitutional mandates.

Issues considered

The Karnataka orders reserving 68%/66% of seats and posts under Articles 15(4) and 16(4) are constitutionally valid?
Whether caste alone can be used to identify socially and educationally backward classes for reservation.
What criteria (economic, occupational, means‑test) should be employed to determine backwardness.
What is the permissible ceiling of reservation under Articles 15(4) and 16(4).
Whether the "special group" reservation based on occupation and income is valid.
Whether periodic review of reservation policy is required.

Legislation cited

Constitution of Indias. Art.14, s. Art.15(1), s. Art.15(2), s. Art.15(4), s. Art.16(1), s. Art.16(2), s. Art.16(4), s. Art.29(2), s. Art.33, s. Art.338(3), s. Art.34, s. Art.340, s. Art.35, s. Art.38(3), s. Art.40

Subjects

ReservationSocially and educationally backward classesCaste vs economic criteriaArticle 15(4)Article 16(4)KarnatakaMeans testSpecial groupEquality of opportunityAffirmative actionReservation ceiling

Judgment

352

K.C. VASANTH KUMAR & ANOTHER.
A
v.
STATE OF KARNATAKA

May 8, 1985
B
(Y.V. CHANDRACHUD, C. J., D.A. DESAI, 0. CH!NNAPPA REDDY,
A.P. SEN AND E.S. VENKATARAMIAH, JJ,J

Constitution of India, 1950, Artie/es 15(4), 16(4), 29(2), 338(3) and 340-
Vafidi'tyofthe Means test a1optedin State of Karnataka order dated 22.2.1977
c as modified by the Government Order dated March!, 1979 and June 27, 1979-
Guidelines for mllking special provision for the advancement of any socially and
educationafly backward clasJes of citizens and provision for the reservation of
appointments or posts in favour of any backward clarses of citizens which in to
opinion of the State, is not adequately represented in the services of the State-
Conflict between ''the menitoriam principle and" the ''compensatory principle"
of discrimination'• in the matter of admissions into institutions imparting higher
D educatian and of entry into Government service. how to be solved-Statutory
construction of the word ~'Backward classes" ejusdem qenesis Rule or Rule
Noscitur a sociir, explained-Construction of Articles 338(3) and 340 of the
Constitutions-Government's power to make rerervaaons under Articles 15(4)
and 16(4) and the extent of reservation that can be made, explained-Words and
Phrases-Meaning of "backwardness'' "backward classes", "socially and
E educationally backward classes".

In the pre~independant period, the former princely State of Mysore
which now forms part of the State of Karnataka is one of the earliest States
in the country in which the system of reservation for backward classes in public
services was introduced. In 1918, the Government of His Highness the Maha·
raja of Mysore appointed a committe under the chairmanship of Sir Leslie C.
F MilJer, Chief, Justice of the Chief Court of Mysore to investigate and report
on the problem of backward classes. The questions referred to that Committee t.'
were (i) changes needed in the then existing rules of recruitment to the public
services; (ii) special facilities to encourage higher and professional education
among the members of backward classes and (iii) any other special measures
which might be taken to increase the representation oF backward communities
G in the public service without materially affecting the efficiency, due regard
being paid also to the general good accruing to the State by a wjder diffusion
of education and feeling of increased status which will thereby be produced in
the backward communities. The expressions 'backward classes' and 'backward
communities, were used almost interchangeably and that the contained in
Article 335 of the Constitution that any re~ervation made should not impair
H efficiency was anticipated more than three decades before the <onstitution was
enacted. The committee submitted its report in 1921 containing its opinion
that all communities in the State other than Brahmins should be understood as
•
b~ckward communities regarding whom it n1ade certain recommendations. The ~.
K.c.v. KUMAR v. KARNATAKA 353

Government orders issued on the basis of that Report continued to be in force
till 1956 i.e. there organisation of ~tates which brought together five integrating A
units-the former State of Mysore (including Bellary District), Coorg, four dis~
tricts of Bombay, certain portions of the State of Hyderabad and the district
of Sough Kanara and the Ko!legal Taluk which formerly formed part of the
State of Madras. There were different lists of backward communities in the
five integrating units and they were a11owed to continue for sometime even after
the reorganisation of States. B
In order to bring about uniformity the State Government issued a noti-
fication containing the list of backward classes for the purpose of Article 15(4)
of the Constitution at the beginning of 1959. The validity of that notification
and of another notification issued thereafter on the same topic which accord-
ing to the State Government had treated all persons except Brahmins, Banias
and Kayasthas as backward communities was challenged before the High Court
of Mysore in Rama Krishna Singh v. State of Afysure, AlR 1950 Mysore 338.
c
The two notifications \\ere struck down by the High Court holding (al in as
much as the impugned notifications contained list of backward classes includ·
ing SS per cent of the pop,Jation of the State and all Hindu communities other
than Brahmins, Banias and Kayasthas and all other non-Hindu communities
in the State except Anglo-Indians and Parsees had been treated as backward
classes it resulted more in a discrimination against the few exclucfed commu-
nities consisting of about 5 per cent of the total population rather than
making provision for socially and educationally backward classes; (b) making
provision for con1munities which were slightly backward to tl·.e socalled forward
communities did not amount to making provision for the communities which
really needed protection under Article (15(4) of the Constitution; (c) socially
and educationally backward classes can in some cases be determined on the E
basis of castes.

Thererore, the State Government constituted a Comn1ittee on January 8,
1960 under the Chairmanship of Dr R. t\agan Gowda for the purpose of
determining the criteria for the classification of backward classes in the State
with the follOVling terms of refercr.ce: (i) to suggest the criteria to be adopted
in determining which sections of the people in the State should be treated as F
socially and educationally backward and (ii) to suggest the exact manner in
which the criteria thus indicated should be followed to enable the State
Government to determine the persons who should secure such preference as
may be determined by Government in respect of adn1issions to technical
institutions and appointment to Government services. The said committee
submitted its Interim Report on February 19, 1960. On the basis of the G
Interim Report of the committee, the State Government passed an order dated
June 9, l9l0 regarding admissions to professional and technical institutions
reserving 22 per cent of seats for backward classes, 15 per cent for Scheduled
Castes and 3 per cent for Scheduled Tribes and the remaining 60 per cent of
seats were allowed to be filled upon the basis of merit. The order of the
Government was challenged before the High Court of M}sore in S.A. Parlha H
& Ors. v. The State of Mysore & Ors. A.1.R. 1961 Mys. 220. The High Court
found that the direction contained in the Government order to the effect that
if any seat or s~ats reserved for candidates belonging to the Scheduled Castes
354 SUPRBMB COURT REPORTS [1985] SUPPL. S.C.R.

and Scheduled Tribes remained unfilled, the same shall be filled by candidates
A of other backward classes was unconstitutional. It also gave som~ directions
•
regarding the manner in which the calculation of the quota of reservation
be made. Thereafter the Final Report was submitted by the Nagan Gowda
Committee on May 16, 1961. After taking into consideration the recommenda-
tions made in the said Report. the State Government issued an order for the
purpose of Article 15 (4) of the Constitution on July 10, 1961. By that order,
the State Government specified 81 classes of people as backward classes and
B
J
135 classes of people as more backward classes and reserved 30 per cent of
seat-professional and technical institutions for backward and more backward
classes. 15 per cent and 3 per cent of the seats were reserved for Scheduled
Castes and Scheduled Tribes respectively and the remaining 52 per cent of the
seats were allowed to be filled up on merit. This order was challenged before
the Supreme Court under Article 32 of the Constitutions in M.R. Balaji & Ors.
c v. State of Mysore [1963] Supp, I SCR 439.

In this land mark decision of the Supreme Court, the meaning of the
term ''sociaJly and educationally backward classes" appearing in Article 1~{4)
was explained as "The backwardness under Article 15(4) must be social and
educational. It is not either social or educational but it is both social and
educational." After explaining as to how social and educational backwardness
D has to be determined, and the question of determination of the classes which
were educationally backward, the court held that the inclusion of the members
of the Lingayat community in the list of backward classes was erroneo•Js. On
the question of extent of rese.rvation that can be made the Court held that
"speaking generally and in a broad way, a special provision should be Jess
then 50 per cent; how much less than 50 per cent should depend upon the
.
E relevant prevailing circumstances in each case." and thus allowed the
petition.

Thereafter, the Government passed another order dated July 26, 1963
which directed that 30 per cent of the seats in professional and technical
colleges and institutions should be reserved for backward classes as defined in
that order and that 18 per cent of the seats should be reserved for the Schedu-
F led Castes and Scheduled Tribes. The criteria laid down in that order for
determining social and economic backwardness were two-fold-income and
occupation. It stated that those who followed occupations of agriculture,
petty business, inferior service, crafts or other occupations in .. olvir.g manual
labour and whose family income was less than Rs. 1,200 per annum were to
be treated as belonging to backward classes. This order was questioned before
G the High Court in D.G. Viswanath v. Government of Mysore & Ors. A.I.R. 1964
Mys. 132 by some petitioners on various grounds. The High Court dismissed
the petitions observing that the determination of the backward classes without
reference to caste altogether was not correct and it expressed the hope that the
State would make a more appropriate classification lest its bonafides should
be questioned. Jn the appeal filed against this judgment in R. Chitra/ekha &
H Anr. v. State of Mysore & Ors. [1964] 6 SCR 368 the Supreme Court explained
the inconsistency between the High Court judgment with the decision in
Balaji's case and observed that "Two principles stand out prominently from.
K.c.v. KUMAR v. KARNAKAll!A 355

Balaji, name1y, (i) the caste of a group of citizens may be a relevant circum-
stance in ascertaining their social backwardness; and (ii) though it is a relevant A
factor to determine the social backwardness of class of citizens, it cannot be
the sole or dominant test in that behalf-casts is only a relevant circumstance
in ascertaining the backwardness of a class and there is nothing in the judg-
ment of the Supreme Court which precludes the authority concerned from
determining the social backwardness of a group of citizens if it can do so
without reference to caste." While this Court has not excluded caste from
ascertaining the backwardness of a class of citizens, it has not made it one of B
compelling circumstances, affording a basis for the ascertainment of backward-
ness of a class.

Thereafter the State Government appointed the Karnataka Backward
Classes Commission under the Chairmanship of Sri L.G. Havanur which after
an elaborate enquiry submitted its report in four massive volumes on
November 19, 1975. The Commission recommended that person belonging to c
backward classes for purposes of Article 15(4) of the Constitution should be
divided into three groups-(a) backward communities consisting of 15 castes
(b) backward castes consisting of 128 castes and (c) backward tribes consisting
of 62 tribes. For purposes of Article 16{4) of the Constitution, the Commis-
sion divided the backward classes into (a) backward communities consisting
of 9 castes( b) backward castes consisting of 115 castes and (c) backward D
tribes consisting of 61 tribes. According to the Commission, backward com-
munities were those castes whose student average of students passing SSLC
examination in 1972 per thousand of population was below the State average
(which was 1.69 per thousand) but abo\e 50 per cent of the State average and
backward castes and backward tribes were those castes and tribes whose
student average was below 50 per cent of the : tate average except in the case
of Dombars and Voddars and those who were J..Jomadic and de-notified tribes. E
The total population of these backward classes (other than Scheduled Castes
and Scheduled Tribes), according to the Commission, was about 45 per cent of
total population of the State. The difference between the two lists- one under
Article 15(4) and the other under Article 16(4) of the Constitution was due to
the exclusion of certain comn1unities, castes and tribes ~'hich were socially and
educationally backward but which had adequate representation in the services
from the list prepared for the purpose of Article 16(4). The Commission re- F
commended both for purpose; of Article 15(4) and Article 16(4) the percen-
tage of reservations: (i) Backward communities 16 per cent; (ii) Backward
Castes 10 per cent; and (iii) Backward Tribes 6 per cent and total 32 per cent.
The reservation of 32 per cent along with 18 per cent reserved for Scheduled
Casts and Scheduled Tribes together amounted to 50 per cent of the total
seats or posts, as the case may be. The Commission further recommended G
if seats/posts remained unfilled in the quota allotted to backward tribes, they
should be made over to backward con1munities and backward castes. Similar.
ly if seats/posts remain unfilled in the quota_ allotted to backward castes, they
should be made over to backward communities and backward tribes. If,
however, seats/posts remain unfilled in the quota allottecl to any of those three
categories, they should be madeover to Scheduled Castes and Scheduled
Tribes. In the event of seats 'posts remaining unfilled by any of these cateiJorics
they should be transferred to the ~en~ral pool,
356 IUPRBME COURT REPORTS [1985) SUPPL. s.c.R.

After considering the said Report, the State Government issued an order
A dated February 22, 1977 whereunder it listed the Backward communities.
Backward Castes and Backward Tribes who shall be treated as Backward
classes for purposes of Articles 15(4) and 16(4) of the Constitution of India.
The order clarified, (a) that only such citizens of these Backward Classes
whose family income per annum from all sources 1f Rs. 8000 (Eight thou~
sands only) and below shall be entitled to special treatment under these
Articles and (b) that five categories, namely; an actual cultivator, an artisan, a
B petty businessman, one holding an appointment either in Government service
or corresponding services under private employment including casual labour;
and any person self employed or engaged in any occupation involving manual
labour" of citizens shall be considered as a special group such citizens of this
special group whose family income is Rs. 4,800 (Ruppes four thousand and
eight hundred only) and below per annum shall be eligible for special treatment
c under the two Articles. The order further noted that li) Family income means
income of the citizen and his parents and if either of the parents is dead. his
legal guardian; and (b) to fix the reservation for purposes of Articles 15(4) and
16(4) of the Constitution in respect of the Backward classes and the special
group of citizens at 40 per cent. the allocation being Backward Communities
(20 per cent), Backward castes (JO per cent), Backward Tribes (5 per cent),
and special group (5 per cent). In the list of backward communities mentioned
D in the Government order. the State Government included ' .•r us1ims' thus
1naking a total of 16 backward communities. In the list of backward castes,
there were 129 castes including converts into Christianity from Scheduled
Castes/Scheduled Tribes upto second generation and 62 ~ cheduled Tribes.
The reservation for backward classes was 40 percent and taken along with
18 per cent for Scheduled Castes and Scheduled Tribes, the total reservation of
E seats/posts came to 58 per cent leaving only 42 per cent for merit pool.

The Government order dated February 22, 1977 and another notification
dated March 4, 1977 issued for purposes of Article 16( 4) had also been challen-
ged in a number of writ petitions filed under Article 226 of the Constitution
before the High Court ofKarnataka in S.C. Somashekarappa & Ors. v. Slate of
Karnataka & Ors. (Writ Petition No 43il of 1977 and connected wrjt petition
disposed of on April 9, 1979). Allowing the petitions; the High Court quashed
(i) the inclusion of' Arasu' community in the list of 'Backward Communities'
both for purposes of Article 15(4) and Article 16(4); (ii) the inclusion of the
(a) Balija (b) Devadiga (c) Ganiga (d) Nayinda (e) Rajput and (f) Satani in
the list of backward communities and the inclusion of (a) Banna (b) Gurkha
(c) Jat (d) Konga (e) Kotari (f) Koyava (g) Malayali (h) Maniyanani or
G (Muniyani) (i) Padatti (j) Padiyar (k) Pandavakul (I) Raval and (m) Rawat in
the list of backward clases for purposes of Article 16(4) of the Constitution;
and (iii) resrrvation of 20 per cent made for Backward communities in the
State Civil Services under Article 16(4), reserving liberitv to the State Govern-
ment to determine the extent of reservation in accordance with Jaw. The
classification and reservation in other respects was upheld. Special Leave
H Petitions (Civil) No. 6656 of 1979 and 9854/1979 are filed against the saiq
j\.ld~m.eot '?f the Hi~h Court under Arti~le J36 of the Constitution 1
k.C.V. KUMAR v. KARNATAl!iA 357

- After the said judgment of the High Court, by an order dated May
l 1979 the reservation for backward com1nunities was reduced to 18 per cent
f~r p~rposes of Article 16(4). By an order dated June 27, 1979, the State
Government modilled the Government order dated February 22, 1977 by
A
increasing the reservation for •special Group" from 5 per cent to 15 per cent
both for purposes of Article 15(4) and Article 16(4) of the Constitution. Thus
as on date, the total reservation for purposes of Article 15(4) is 68 per cent
and for purposes of Article 16(4) is 66 per cent. There are only 32 per cent
seats in professional and technical colleges and 34 per cent poqs ia Govern· 8
ment services which can be filled up on the basis of merit. These writ petitions
filed under Article 32 of the Constitution of India, s~ek to challenge the Con-
stitutional validity of the State Government orders dated February 22, 1977 as
modified by the Government orders dated May I, 1979 and Juce 27, 1979.

Disposing of the petitions and the appeals by Special Leave, the Court C
expressed their following opinions,

Per Chandrachud, C.J.

The followjng propositions on the issue of reservation ma),. serve as a
guideline to the Commission which the Government of Karnataka proposes to D
appoint, for examining the question of affording better employn1ent and
educational opportunities to Scheduled Castes, Scheduled Tribes and other
Backward Classes which problem is a burning issue to-day.

t.. The reservation in favour of scheduled castes and scheduled tribes
must continue as to present, there is, without the appJication of a means test,
for a further period not exceeding fifteen years. Another fifteen years will E
make it fifty years after the advent of the Constitution, a period reasonably
long for the upper crust of the oppressed cla~ses to overcome the baneful
effects of social oppression, isolation and humiliation. [376 C-D]

2. The means test, that is to say, the test of economic backwardness
ought to be made applicable even to t1:.e Scheduled Castes and Scheduled
Tribes after the period mentioned in (1) above. Jt is essential that the privi- F
ledged section of the underprivileged society should not be permitted to
monopolise preferantial benefits for an indefinite period of time. (376E·FJ

3. In so far as the Other Backward Classes are concerned, two tests
should be conjunctively applied for identifying them for the purpose of reser-
vations in employment and education : One, that they should be comparable G
to the Scheduled Castes and Scheduled Tribes in the matter of their backward-
ness; and two, that they should satisfy the means test such as a State Govern-
ment may lay down in the context of prevailing economic conditions.
[376 F-G]

4. The policy of reservations in employment, education and legislative H
institutions should be reviewed every five years or so. That will at once afford
an opportunity (i) to the State to ractify distortions arising out of particular
facts of the reservation policy and (ii) to the people, both backward and non-
358 SUPREME COURT REPORTS (1985) SUPPL. s.c.R..

A
backward, to ventilate their views in a public debate on the practical impact of
the policy of reservations. (376 H; 377 A] ..
Per Desai. J

For a period of three and half decades, the unending search for identi-
fying soCially and educationally backward classes of citizens has defined the
policy makers, the interpreters of the policy as reflected in statutes or executive
8 administrative orders and has added a spurt in the reverse direction, namely,
those who attempted to move upward (Pratilom) in the social hierachy have
put the movement in reverse gear so as to move downwards (Anulom) in order
to be identified as a group or class of citizens socially and educationally
backward. The Constitution promised an egalitarian society; it was a caste
ridden stratified hierarchical society. Therefore, in the early stages of the
c. functioning of the Constitution it was accepted without dissent or dialogue that
caste furnishes a working criterian for identifying socially and educationally
backward class or citizens for the purpose or Article 1;(4J. [377 D-G)

The language of Article 15(4) refers to 'class' and not caste. Preferential
treatment which cannot be struck down as discriminatory was to be accorded
a class, shown to be socially and edu;ationally backward and not to the
D. members of a caste who may be presumed to be socially and educationally
backward. [378 A-BJ

It is clear from the decisions of the Supreme Court that same vacillation
on the part of the judiciary on the question whether the caste should be the
basis for recognising the backwardness. Judiciary retained its- traditional
blindfold on its eyes and thereby ignored perceived realities. The expression
E 'backward classes' is not defined. Courts, therefore· have more or less in the
absence of well-defined criteria not based on caste label has veered round to
the view that in order to be socially and educationally backward classes, the
group must have the same indicia as Scheduled Castes and Scheduled Tribes.
(378 E; 384 E-F]

Stal~ of Madras v. Srhnathi Champakam Dorairajad & Anr. {1951] SCR
F 525; M.R. Balaji & Ors. v. State of Mysore (1963] Supp. I SCR 439; T. Devade-
san v. The Union of India & Anr. [1964] 4 SCR 680; R. Chitralekha & Anr. v.
StateofMysore&Ors.[1964]6 SCR 368; Triloki Nath & Anr. v. State of
Jammu & Kashmir & Ors. [1967] 2 SCR 265; Tri/oki Na1h & Anr. v. State of
Jammu & Kashn1ir &: Ors. (1969] 1SCR103; A. Peeriakaruppan t'tc. v. State of
Tamil Nadu (1971] 2 SCR 430; State of Andhra Pradesh & Ors. v. U.S. V. Bairam
G etc. [1972) 3 SCR 247; Janki Prasad Parimoo & Ors. etc. etc. v. State of JamnJu
& Kashmir & Ors. [ 1973] 3 SCR 236; State of Uttar Pradesh v. Pradip Tandon &
Ors. (1976] 2 SCR 761; State of Kera/a & Anr. v. N.M. Thomas & Ors. (1976)
I SCR 906; Kumari K.S. Jayasru & Anr. v. The State of Kera/a & Anr. [1977]
I SCR 194; and Akhil Bhartiya Soshit Karamchari Sangh (Railway) represented
by its Assistant General Secretary on behalf of the Association v. Union of India
H & Ors. (1981] 2 SCR 185, referred to.

A caste is a horizental segmental division of society spread over a
district of a region or the whole State and also sometimes outside it. The
k.c.v. KUMAR v. KARNATAKA 359
concept of purity and impurity conceptualises the caste system. There are
four essential features of the caste systen1 which maintained in homo hierar- A
chicus character; (i) hierarchy (ii) comn:ensality (iiiJ restrictions on marriage
and (iv} hereditary occupation. Most of the caste are endogamous groups.
Inter-marriage between two groups is impermissible. But 'Pratilom' marriages
are not wholly unknown. Similarly with the onward movl!ment of urbanisation,
members of various castes are slowly giving up, traditional occupations and the
pure impure avocations is being frowned upon by developing notion of dignity
of labour. As the fruits of independence were unequally distributed amongst B
various segments of the society, in each caste there came into existence a triple
division based on economic resurgence amongst the members of the caste.
Those who have become economically well off have acquired an upper class
status (class consciousness) and the one on the step below is the middle class
and the third one belongs to poorer section of the caste. This led to the
realisation that caste culture does not help economic interest. In fact the upper
crust of the same caste is verily accused of exploiting the lower strata of the
c
same caste. Therefore, the basis of the caste system namely, purity and pollu-
tion is slowly being displaced by the economic condition of the various
scgn1ents of the same caste. It is recognised on almost all hands that the
important feature of the caste strJcture are progressively sufTering erosion.
The new organisation, th{! so-called caste organisation, is substantially different
from the traditional caste structure and caste councils. Econornic differentia- D
tion amongst the members of the caste has becon1e sharp, but not so sharp as
to bury caste sentiments and ties. In the face of this transforn1ation of the
caste structure, caste label can not be accepted as the basis for determining
social and educational backwardness, but the class or the social group should
be examined [385 C-H; 386 A-DJ

Caste in rural society is more often than not mirrored in the economic
E
power wielded by it and vice versa. Social hiearchy and econorr.ic position
exhibit an undisputablf: mutuality. The lower the caste, the pcorer its rr1embers.
The poorer the members of a caste, the lower the caste. Caste and economic
situation, reflecting each other as they do are the Deus ex··Machina of the social
status occupied and the economic power wielded by an individual or class in
rural society. Social status and economic power are so ¥:oven and fusfd into F
the cate system in Indian rural society that one may, without hesitation, say that
if poverty be the cause, caste is the primary index of social back1~·ardness, so that
social backwardness is often readily identifiable with reference to ape"'son's caste.
So sadly and oppressively deep-rooted is caste ia our country that it has cut
across even the barriers of religion. The caste system has penetrated other
religious and dissentient Hindu sects to whom the practice of caste should be G
anathema and today we find that practitioner of other religious faiths and
Hindu dissentients are some times as rigid adherents to the system of caste as
the conservative Hindus. [386 E-H]

Shared situation in the economic hierarchy, caste gradation, occupation,
habitation, style of consumption, standard of literacy and a variety of such H
other factors appear to go to make towards social and educational backward~
ness. Thus there is a mad rush for being recognised as belonging to a caste
36U SUPREME COURt REPORTS (1985) SUPPL. s.C.11..

A
which by its nomenclature would be included in the list of socially and
educationally backward classes. Certain castes are known by a number of
synonymy which vary from one region to the other and making their complete
coverage almost impossible. The only way out would in such a situation is to
-
treat, if a particular caste has been treated as backward, all its synonyms
whether mentioned in the State lists or not as backward. Again, some of the
castes just for the sake of being considered socially and educationally back-
ward, have degraded themselves to such an extent that they had no hesitation
B in attributing different types of vices to and associating other factors indicative
of backwardness, with their castes. The on1y remedy for such a malaise is to
devise a method for determining socially and educationally backward classes
without reference to caste, beneficial to all sections of people irrespective of the
caste to which they belong. (387 B-H; 388 A]

c A few other aspects for rejecting caste as the basis for identifying social
and educational backwardness are: (i) lf State patronage for preferred treat-
ment accepts caste as the only insignia for determining social and educational
backwardness; the danger looms large that this approach alone would legitimise
and perpetuate caste system. It does not go well with our proclaimed sc~ular
character as enshrined in the Preamble to the Constitution. The assumption
that all members of some caste are equally socially and educationally backward
D is not well-founded. Such an approach provides an over simplification of r.
complex problem of identifying the social and educational backwardaess : (ii)
it is recognised reservation has been usurped by the economically well-placed
section in the same caste; and (iii) the caste is, as. is understood in Hindu
Society unknown to Muslims, Parsis, Jews etc. As such, caste criterion would
not furnish a reliable yardstick to identify socially and educationally backward
E group in the aforesaid communities though economic backwardness would.
(388 F-G; 389 A;Fj

Therefore, the only criterion which can be realistically devised is the one
of economic backardaess. To this 1nay be added some relevant criteria such as
the secular character of the group, its opportunity for earning livelihood etc ,
but by and large economic backwardness must be the load-star. [389 F]
F
Chronic poverty is the bane of Indian Society. Market economy and
money spinning culture has transforn1ed the general behaviour of the society
towards its members. Upper caste does not enjoy the status or respect,
traditional, voluntary or forced any more even in rural areas what to speak of
highly westernised urban society. The bank balance, the property holding and
G the money power determine the social status of the individual and guarantee
the opportunities to rise to the top echelon. How the wealth is acquired has
Jost significance. Purity of means disappeared with Mahatama Gandhi and
we have reached a stage where end-; determine the means. This is the present
disturbing situation whether one likes it or not. {389 G·H; 390 A-BJ

H Reservation in one or other form has been there for decades. If a survey
is made with reference to families in various castes considered to be sociaJly
and educationaUy backward, about the benefits of preferred treatment, it would
K.C.V. KUMAR V. 1'ARTATAKA 361

unmistakably show that the benefits of reservations arc snatched away by the
top cre1my layer of the backward castes. This has to be avoided at any cost. A
[390 E]

If econon1ic criterion for compensatory discrimination or affirmative
action is accepted, it w0uld strike at the root cause of social and educational
backwardness, and simultaneously take a vital step in the direction of
destruction of caste struclure which in turn would advance the secular character
of the Nation. This approach seeks to translate into reality the twin B
constitutional goals.: one, to strike at the perpetuation of the caste stratification
of the Indian Society so as to arrest progressive movement and to take a firm
step towards establishing a casteless society; and two, to progressively eliminate
the disadvantageous section.s of the society to raise their position and be part
of the mainstream of life which means eradication of poverty. However,
this does not deal with reservation in favour of Scheduled Castes and
Scheduled Tribes. Thousands of years of discrimination and exploitation
c
cannot be wiped out in one generation. But even here economiccriterion is
worth applying by refusing preferred treatn1ent to those amongst them who
have already benefitted by it and improved their position. And finally
reservation must have a time span otherwise concession tend to become
vested interests. [391 E-H; 392 A]
D
Per Chinnappa Reddy J.

The paradox of the system of reservation that may be made under
Articles 15l4), 16(4) read with 29(2) of the Constitution is that it has engende-
red a spirit of self denigration among the people. Nowhere else in the world
do castes, classes or comn1unities queue up for the sake of gaining the
backward status. Nowhere else in the world is there competition to assert E
backwardness and to claim 'we are more backward than )OU'. This is an
unhappy and disquieting situation, but it is stark reality. (392 E~F]

2. The Scheduled Castes, the Scheduled Tribes and other socially and
educationally backward classes, all of whom have been compendiously
described as 'the weaker sections of the people', hfl.ve long journeys to make F
unsociety. They need aid; they need facility; they need launching; they need
propulsion. Their needs are their demands. The demands are matters of
right and not of philanthropy. They ask for parity, and not charity. They
claim their constitutional right to equality of status and of opportunity and
econon1ic and social justice.. Several bridges have to be erected, so that they
may cross the Rubicon. Professional education and employment under the
State are thought to be two such bridges. Hence the special provision for G
advancement and for reservation under Artil'les 15(4) and 16(4) of the
Constitution, [393 C-D]

3. Courts arc not necessarily the 111ost con1petent to identify the
backward classes or to lay down guidelines for their identification ex.cept in a
broad and very general way. Courts are not equipped for that; Courts have no H
legal barometers to measure social backwardness and are truly removed from
the peopl•, particularly those of the backward classes, by layer upon layer of
gradation and degradation. And, India is such a vast country that conditions
362 SUPREME COURT REPORTS (19851 SUPPL s.e.a.

vary from State to State, region to region, ~district to district and from one
A ethnic religious, linguistic or caste group to another. A test to identifv back-
ward classes which may appear appropriate when applied to one g~oup of
people may be wholly inappropriate and unreasonable if applied to another
group of people. There can be no universal test; there can be no exclusive
test; there can be no conclusive test. In fact, it may be futile to apply and
rigid tests. One may to look at the generality and the totality of the

B
situation. [398 A-CJ
.
4. Before attempting to lay down any guideline for the purpose of
determining the methods to be adopted for identifying the socially and
educationally backward classes one should guard against the pitfaIJs of the
traditional approach to the question, which has genera!Iy been superior, elitist
and, therefore. ambivalent. The result is that the claim of the Scheduled Castes
c and Scheduled Tribes and other backward classes to equality as a matter of
human and constitutional right is forgotten and their rights are submerged in
what is described as the "Preferential principle'' or "protective or compen-
satory discrimination". Unlesli these superior, patromising and paternalist
attitudes are got rid off. It is difficult to truly appreciate the problems involved
in the claim of the ~c~eduled Castes, Scheduled Tribes and other backv;ard
classes for their legitimate share of the benefits arising out of their belonging to
D humanity and to a country whose constitution preaches justice, social,
economic and political and equality of status and opportunity for all. [393 E-H]

5. There is neither statistical basis nor expert evidence to support the
assumption that efficiency will necessarily be impaired if reservation exceeds
50%. if reservation is carded forward or if reservation is extended to promo~
E tional posts. The word 'efficiency' is neither sacro-sanct nor is the sanctorum
has to be fiercely guarded. 'Efficiency' is not a Mantra which is whispered by the
Guru in the Sishya•s ear. The m.,re securing of high marks at an examination
may not necessarily mar~ out a good administrator. An e'.ficient administrator,
one takes it, must be one who possesses among other qualities the capacity to
understand with sympathy and, therefore, to tackle bravely ·the problems of
a large segment of population constituting the weaker sections of the people.
F This does not mean that efficiency in civil service is unnece~sary or that it is a
myth. However, one need not make a fastidious fetish of it. It may be that
for certain posts, only the best may be appointed and for cretain cour~es of
study only the best m:.iy be admitted. Jf so, rules may provide for reservation
for appointment to such posts and for admission to such courses. The rules
may provide for an appropriate method of sel<!ction. It may be that certain
posts require a very high degree of skill or efficiency and certain courses of
study require a high degree of industry and intelligence. Jf so, the rules may
pre~cribe a high minimum qu3.lifying standard and an appropriate method of
selection. Different minimum standards and different modes of selection may
be prescribed for different posts and for admission to different courses of study
having regard to the requirements of the posts and the courses of study. But,
efficiency cannot be permitted to be used as a camouflage to let the upper
classes monopolise the services, particularly the higher posts and the pro·
fessional institutions. In view of Articles 15(4) and 16(4), the so caUed

I
K.C.V. 111.UMAR V. KARNATAKA 363

- controversy between the meritoriam and compensatory principles is not of
any significance. [395 D; G·H; 396 C-G; 397 FJ

6. The three dimensions of social inequality are class, status and power.
Everyone of these three dimensions are intimately and inextricably connected
A

with economic position. Viewed from any of these three dimensions it is clear
that the economic factor is at the bottom of backwardness and poverty is the
culprit cause and the dominant characteristic. The economic power has firm
links with the ca~tes system, land and learning, two of the primary sources of B
economic power in India have been the monopoly of the superior castes.
Social status and economic power are so woven and fused into the caste system
in Indian rural society that one may, without hesitation, say that if poverty be
the cause, caste is the primary i..dex of social backwardness, so that social
backwardness is often readily identifiable with reference to a person's caste.
Shared situation in the econon1ic hierarchy, caste gradation, occupation,
habitation, style of consumption, standard of literacy and a variety of such
c
other factors appear to go to make towards social and educational
backwardness. [398 F; 399 C-H 400 G-HJ

7. '·The backward classes of citizens" referred to in Article 16(4),
despite the short description, are thi:: same as 'the socially and educationally
backward clas;;es of citizens and the scheduled castes and the scheduled tribes' D
so fully described in Article 15( 4). Again the "special provision for
advance1nent' is. a wide expression any may include many more things besides
'mere reservation of seats in colleges. It may be by way of financial assistance,
free medical, educational and hostel facilities, scholarships, free transport,
concessional or free housing, exen1ption from requirements insisted upon in the
case of other classes and so on. Under Ardcle I 6(4). reservation is to be made E
to benefit those backward classes, who in the opinion of the Government are
not adequately represented, in the services. Reservation must, therefore, be
aimed at securing adequate representation. It must follow that the extent of

•
reservation must match the inadequacy of representation. There is no reason
why this quideline furnished by the Constitution itself should not also be
adopted for the purposes or Article 15(4) too. The reservation of seats in
professional colleges may conveniently be determined with reference to the F
inandequacy of representation in the various professions. Similarly, the extent
of reservation in other colleges may be determined with reference to the inade-
quacy in the number of graduates, etc. Naturally, if the lost ground. is to be
gained, the extent of reservation may even have to be slightly higher than the
percentage of population of the backward clssses. [403 ff; 404 A·FJ

s. The ordinary rules of statutory interpretations cannot be applied to G
interpret constitutional instruments which are sui generis and which deal with
situations of significance and consequence. The Constitution must be given a
generous interpretation so as to give all its citizens, the full measure of justice
promised by it. [406 D·EJ
H
There is no reason whatever to narrow the concept of equality in Article
16(1) and refuse to read into it broader concepts of social justice and equality.
Jn fact it is necessary to read Article 16(1) so as not to come into any conllict
364 SUPREME COURT REPORTS [1984] SUPPL. s.c.R.

A
with Articles 46 and 335. A constitutional document must be read so as to
synthesise its provisions and avoid disharmony. To say that equality means
that unequals cannot be treated equally is merely to say what is self-evident
and common place. Article implies it and it is not implied in Article 16(1)
also. True, on a first glance, Article 16(4) appears to save power of the State
-
to make provision for the reservation of appointments and posts in favour of
any backward clasi; of citizens, but a second look shows that it really recog-
nises a pre-existing power and expresses the recognition in an emphatic way
B lest there should be any doubt caste upon that power. Such a device is not
unknown to legislatures and constitution making bodies. Article 16(4) is more
in the nature of a rule of interpretation to guide the construction of Article
16(1). The possibility of interpreting Article 16(1) so as 10 promote the
narrower equality rather than the greater equality is excluded by Article 16(4).
1425-CEJ
c 9. The test of nearness to the conditions of existence of the Scheduled
Ca&tes would practically nullify the provision for reservation for socially and
educationally Backward Classes other then Scheduled Castes and Tribes,
would prepetuate the dominance of existing upper classes, and would take a
substantial majority of the classes, who are between the upper classes and
the Scheduled Castes and Tribes out of the category of backward classes
and put them at a permanent disadvantage. Only the 'enlightened' classes
0 of body will capture ~II the 'open' posts and seats and the rese1ved posts
and seats will go to the Scheduled Castes and Tribes and those very the
Scheduled Castes and Tribes. 1 he bulk of these behind the 'enlightened'
classes and ahead of the ni!ar Scheduled Castes and Trib~s would be left high
and dry, with never a c'.iance of improving themselves. [406 G-H; 407 A)

E 10. On principle, there can be a clas--ification in to Backward Classes
and More Backward Classes, if both classes are not merely a little behind but
far behind the most advanced classes. In fact such a classification would be

•
necessary to held the More Backward Classes; otherwise those of the Backward
Classes who might be a little more advanced than the More Backward Classes
might walk away with all the seats, just as, if reservation was confined to the
More Backward Classes and no reservation was made to the slightly more
F advanctid Backward Classes, the most advanced Classes would walk away with
all the seats available for the general category leaving none for the Backward
Classes. [409 A-DJ

11. As to the adoption of the test average student population in the
la1t three -High School Classes of all High Schools in the State in relation to a
G thousand citizens of that community as the basis for assessing relative back-
wardness, the adoption of a lower basis may give a false picture. After all, if
one is considering the question of admission to professional colJeges or of
appointment to posts, the basis possibly should be the average number of
students of that community who have passed the examination prescribed as the
minin1um qualification for adn1ission to professional colleges, say in the last
H three years and perhaps the average number of persons of that community who
have graduated jn the last t!iree years, since graduation is generally, the mini·
mum extent qualification for most posts possibly, the extent of reservation may
even vary with reference to the class of post. [490 D-H]
K.c.v. KUMAR v. KARNATAKA 365

12. The percentage of reservation is not a motter upon which a Court
may pronounce with no materials at hand. For a Court to say that reservations A
should not exceed 40 per cent, 50 per cent or fo per cent would be arbitrary
and the Constitution does not permit us to be arbitrary. [410 E·Fl

13. From the historical and sociological background of caste and class
the philosophy, the reason and the rhetoric behind reservation and anti-reser-

- vation, the Constitutional provisions and the varying judicial stances, the
following emerges; (a) clearly there exist large sections of people who are
socially and educationally backward who stand midway between the forward
classes such as the landed, the ]earned, the priestly and the trading classes on
one side and the out·caste and depressed classes, i.e. the Scheduled Castes and
the Scheduled Tribes on the other;(b) Poverty, Caste, occupation and habitation
B

are the principal factors which contribute to brand a class as socially backward.
The customs which they honour and observe, the rituals which. they fear and
practice the habits to which they adapt and conform, the festivals which they
c
enjoy and celebrate and even the Gods that they revere and worship are en·
lightening elements in recognising their social gradation and backwardness; (c)
Amongst very many classes and communities considered socially inferior, child
marriage persists, the rule of Saptapadi is not followed; divorces are granted
by a caste panchayat; (d) dress and work habit is yet another indication that
economic situation and social situation often reflect each others; (e) there are 0
many other customs, rituals or habits of significance mark out the socially
backward class; (f) the weight to be attached to these factors depends ·upon the
circun1stances of the case which can o.nly be revealed by thoughtful, penetrating
investigation and analysis. It cannot be done by means of mathematical
formulae but only by looking in the round or taking a look at the entire situa-
tion. Sometimes it may be possihle to readily identify certain castes or social
groups as a whole as socially forward or socia11y backward classes. Poverty,
E
of course, is basic, being the root cause as well as the rueful result of social
and educational backwardness But mere poverty it seems is not enough to
invite the constitutional branding because of the vast majority of the people of
our country are poverty~struck but some among them are socially and
educationally forward and others backward. In a country like India where
80 per cent of the people live below the breadline, even the majority of the so F
called socially forward classes may be poor. In the rural social ladder they arc
indeed high up and despite the economic backwardness of sizeable sections of
them, they cannot be branded as socially backward. On the other hand, there
are several castes or other social groups who have only lo be named to be
immediately identified as socially and economically backward classes, identi.
fied as socially backward classes. [431 F-H; 432 A-P; 433 A·E]
G
R. Chitralekha v. State of Mysore, [1964] 6 SCR 368; Rajendran v. State
of Madras, 1968] I SCR 721; State of Andhra Pradesh v. P. Sagar, [1968]3
SCR 595; Triloki Nath v. State of Jammu & Kashmir, (1969] I SCR 103; A.
Peerlakaruppan v. State of Tamil Nadu, [1971] I cCC 38; State of Andhra Pra-
desh v. Bairam AIR 1972 SC 1375; State of Uttar Pradesh v. Pradeep Tandon H
(1975] 2 SCR 761; K.S. Jayasree v. State of Kera/a [1976] 3 SCC 730; State of
Kera/a v. N.M. Thomas [1976] I SCR 906; Akhi/ Bhartiya Soshlt Karamchar;
sangh v. untqn of India & Ors. [1981] I SCR 18S referred tQ,
366 SUPIUlMB COURT REPORTS (1985) SUPPL, S.C.R.
(g) True, a few members of those caste or social groups may have progressed
A far enough and forged ahead so as to compare favourably with the leading
forward classes economically, socially and educational1y. In such cases, per-
haps and upper income ceiling would secure the benefit of reservation to such
of these members of the class who really deserve it; (h) In the cases of poores
sections of the forward classes, the State will have t~and it is the duty of the
State to do-to discover means of assisting them, means other than reservations
under Article 15(4) anJ 16(4). [433 G-H]
B
14. In the ultin1ate analysis, attainment of economic equality is the final
and the only solution to the besetting problems. There is also one danger in
-
adopting individua proverty as the criterion to identify a member of the back-
ward cla!ises. The truly lower classes who need the certificate most to prove
their poverty will find it difficult to get the certificate from the official or the
c legislator or any named person. [434 B·CJ

15. Class poverty, not individual poverty, is therefore the primary test.
Other ancillary tests are the way of life, the standard of living, the place in the
social hierarchy, the habits and customs, etc. etc. Despite individual e:ii:ceptions,
it may be possible and easy to identify social backwardness with reference to
caste, with reference to residence, with reference to occupation or some other
D dominant feature. Notwit11standing our antipathy to caste and sub-regionaUsm,
these are facts of life which cannot be wished away. If they reflect poverty which
is the primary source of social and educational backwardness, they must be re-
cognised for what they are along with other less primary sources. There is and
there can be nothing wrong in recognising poverty wherever it is reflected as an
identifiable group phenomena whether you see it as a caste group, a sub regional
E group, an occupational group or some other class. Once the relevant factors
are taken into consideration, how and where fo draw the line fa a question for
each State to consider since the economic anci social conditions differ from
area to area. Once the relevant conditions are taken into consideration and
the backwardness of a class of people is determined, it will not be for the court
to interfere in the matter. But certainly, judicial review wilJ not stand
excluded. [334 D·G]
F
Per A.P. Sen, J.

1. Conceptuaily, the making of special provisions for the advancement
of backward classes of citizens under Art. 15(4) and the system of reservation
of appointments or posts as envisaged by Art. 16(4) as guaranteed in the Con-
G stitution, is a national com1nitment and a historical need to eradicate age-old
social disparities in our country. But unfortunately the policy of reservation
higher to formulated by the Government for the upliftment of such socially and
educationaJly backward classes of citizens is caste-oriented while the policy
should be based on economic criteria. Then alone the elen1ent of caste in
making such special provisions or reservations under Arts. 15(4) and 16(4) can
H be removed. [4J5B·D]

2. It is true that mere economic backwardness would not satisfy
the rest of educational and social backwardnees under Article 15(4), and is only
K.c.v. KUMAR v. KARNATAKA 367

one of several tests to be adopted. The predominant and the only factor
for making special provisions under Article J5(4) or for reservations of posts A
and appointments under Art.16(4) should be poverty, and caste or a sub-caste
or a group should be used only for purposes of identification of persons com~
parable to Scheduled Castes or Scheduled Tribes, till such members of back·
ward classes attain a state of enlightenment and there is eradication of poverty
amongst them and they become equal partners in a new social order in our
national life. [435 H; 436 C.D]
B
3. The adequacy or otherwise of representation of the backward classes
in the services has to be determined with reference to the percentage of that
class in the population and the total strength of the service as a whole. The
representation does not have to exactly correspond to the percentage of that
class in the population; it just has to be adequate. Moreover, in the case of
services the extent of representation has to be considered by taking into c
account the number of members of that class in the service, whether they are
holding reserved or unreserved posts. [436 E-FJ

4. The State should give due importance and effect to the dual con-
stitutional mandates of maintenance of efficiency and the equality of opport-
unity for all persons. The nature and extent of reservations must be rational
and reasonable. The state of backwardness of any class of citizens is a fact
D
situation which needs investigation and determination by a fact finding body
which has the expertise and the machinery for collecting relevant data. The
Constitution has provided for the appointment of such a Commission for Back-
ward Classes by the President under Art. 340 to make recommendations and
left if to the States to n1ake special provisions for advancement of such
backward classes. It may be, and often is, difficult for the Court to draw the E
line in advance which the State ought not to cross, but it is never difficult for
the Court to know that an invasion across the border, however ill-defined, has
taken place. The Courts have neither th: expertise nor the sociological know-
ledge to define or lay down ti1e criteria for detern1ining what are 'socially and
educationally backward classes of citizens' within the meaning of Art. 15(4)
which enables the State to make 'special provisions for the advancement' of
such classes notwithstanding the command of Art. 15(2) that the State shall not F
discriminate against any citizens on the ground only of religion, race, caste,
descent, place of birth, residence or any of them. The Supreme Court is ill-
equipped to perform the task of determin :ng whether a class of citizens is
socially and educationally backward, but, however a duty to interpret the
Constitution and to see what it means and intends when it makes provision for
the advancement of socially and educationally backward classes. ln consider-
ing this situation then, Courts must never forget that it is the Constitution
G
they are expounding. Except for this, the Court has v~ry little or no function.
(436 G-H; 437 A-DJ

5. The Preamble to our Constitution shows the nation's resolve to secure
to all its citizens: Justice-Social, economic and political. The State's objective H
of bringing about and maintaining social justice must be achieved reasonably
havins regard to the interests of all. Irrational and unreasonable moves by the
State will slowly but surely tear apart the fabric; of ~ociety. It is primarily th~
"
I
368 SUPREME COURT REPORTS (1985 Js UPPL. s.c.R.

duty and function of the state to inject moderation into the decisions taken
A under Arts. 15(4) and 16(4), because justice lives in the hearts of men and a
growing sense of injustice and reverse discrimination, fuelled by unwise State
action, will destroy, not advance, social justice, If the State contravenes the
constitutional mandates of Art. 16(1) ard Art. 335, the Supreme Court will of
course, have to perform its duty. (437 F·GJ

6. The extent of reservation under Art. 15(4) and Art. 16(4) must
B necessarily vary from State to State and from region to region within a State,
depending upon the conditions prevailing in a particular State or region, of the
Backward Classes. Since the problems pertaining in reservation can never be
resolved through litigation in the Courts, the Central Government should
consider the feasibility of appointing a permanent National Commission for
Backward Classes which must constantly catry out sociological and economic
c study from State to State and from region to region within a State. The
framers of the Constitution by enacting Art. 340 clearly envisaged the setting up
of such a high-powered National Commission for Backward Classes at the
Centre. [437 H; 438 A·BJ

7. The doctrine of protective discri1nination embodied in Arts. 15(4)
D and 16(4) and the mandate of Art. 29(2) cannot te stretched beyond a parti-
cular limit. The State exists to serve its people. There are some services
where expertise and skill are of the essence. Medical services directly affect
and deal with the health and life of the populace. Professional expertfae, born
of knowledge and experience, of a high degree of technical knowledge and
operational skill is required of pilots and aviation engineers. The lives of
citizens depend on such persons. There are other similar fields of govern-
E mental activity where professional, technological, scientific or otl~er special
skill is ca!Jed for. In such services or posts under the Union or Slates, there
can be no room for reservation of posts; merit alone must be the sole and
decisive consideration for appointments. [ 438 C-EJ

Per Venkataramlah, J,

F 1. Equality of opportunity revolves around two dominant principJcs-
(i) the traditional value of equality of opportunity; and (ii) the newly apprecia-
ted-not newly conceived-idea of equality of results. The Society which
cherishes the id-eal of equality has to define the meaning and consent of the con- ~-
cept of equality and the choices open to it to bring about an egalitarian society
would always be political. But the Courts have been forced to scrutinise a
G variety of choices, while society for which they have to answer bas been issuing
a proliferation of demands. Many inequalities in the past seeme dalmost to have
been part of the order of nature. The Courts, however deal with the problems
that society presents. 'Levels of awareness and corresponding senses of grk ..
vance have arisen at different times for particular historical reasons often
tending to differentiate among the categories of equality rather than unifying
H them. Inequalities of class, race, religion and sex have presented themselves at
different periods as primary grievances'. The Courts must remind themselves
that for those who are suffering from deprivation of inalienable rights, gradua-
lism can never be a sufficient remedy. Ours is a 'struggle for status, a struggle
K.c.v. KUMAR v. KARNATAKA 369
to take democracy off parchment and give it life.' 'Social injustice always
balances its books with red ink'. Neither the caprice of personal taste nor the A
protection of vested interests can stand as reasons for restricting opportunities
of any appropriately qualified person. These are the considerations which
aometimes may be conflicting that should weigh with the courts while dealing
with cases arising out of the doctrine of equality. It should, however, be
remembered that the courts by themselves are not in a position to bring the
concept of equality into fruitful action. They should be supported by the
will of the people of the Government and of the legislators. These should be B
an emergence of united action on the part of all segments of human society.
This i1 not all. Mere will to bring about equality under the existing economic
level miiht worsen the situation. There should be at the same time a united
action to increase the national resources so that the operation of equality will
be less burdensome and every member of the society is carried to a hiaher
social and economic level leaving nobody below a minimum which guarntecs all
the basic human needs to every men1ber of the society. If there is no united c
action the pronouncements by courts would become empty words as many of
the high principles adumbcrated in the chapter on the Directive Principles of
State Policy in the Constitution have turned out to be owing to several
factors. [440 B·H; 441 AJ

2. The need for social action is necessitated by the environmental D
factors and living conditions of the individuals concerned. The application of
the principle of individual merit, unmitigated by other considerations may
quite often lead to inhuman results {441 G]

3. An examination of the question of the background of the Indian
Social conditions-caste ridden atmosphere shows that the expression "backward
classes" used in the Constitution referred only to thoses v.ho were bor in
E
particular castes, or who belonged to particular races or tribes or religious
minorities which were backward. This is so because a caste is based on
various factors, sometimes it may be a class, a race or a racial unit and the
caste:of a person is governed by his birth ir. the family. [459 E; 457 F]

It is significant that the expression "backward classes" used in Part XVI F
of the Constitution and in particular in Article 338(3) is used along with the
Scheduled Castes, the Echedulcd Tribes and the Anglo·lodian Community. The
meaning of "backward classes" has, therefore, to be dedu;;ed along with the
other words preceding it. [462 G]

lt is a rule of statutory construction that where there are general words G
following: particular and specific words, the general words must be confined to
things of the same kind as those specified. It is true that this rule which is
called as the ejusdem generise rule or the rule noscilur a sociis cannot be carried
too far. But it is reasonable to apply that rule where the specific words refer to
a distinct genus or category. [462 H; 463 A]
B
Part XVf of the Constitution deals with certain concessions extended to
certain castes, trites and races which are Scheduled Castes and Scheduled
Tribes and to the Anglo·ln~ian ~Olll!llUnitr. In the ~ont~xt if Article ~38(3) and
SUPllBMB COURT IUlPORTS (J 985) SUPPL. S.C.R.

Article 340 are construed, the expression 'backward classea' can only refer to
certain castes races tribes or communities or parts thereof other than Schedu-
A led Castes, Scheduied Tribes and the Anglo-Indian community, which art
backward. Clause (6) of the resolution regarding the aims and objects of the
Constitution moved by Pandit Jawaharlal Nehru on December 13, 1946 and the
history of the enactment of Part XVI of the Constitution by the Constituent
Assembly lead to the conclusion that backward classes are only those castes,
races, tribes or communities, which are identified by birth, which are backward.
B It is, therefore, difficult to hold that persoi:is or groups of persons who are
backward merely on account of poverty which is traceable to economic reasons
can also be considered as backward classes for purpoSe5 of Article 16(4) and
Part XVI of the Constitution. (463 C-D; 466 G-H]

The Drafting Committee by qualifying the expression "class of citizens"
c by "backward" in Article 16(4) of the Constitution tried to reconcile three
different points of view and produced a workable proposition which was
acceptable to all, the three points of view being (i) that there should bt
equality of opportunity for all citizens and that every individual qualified for a
particular post should be free to apply for that post to sit for examinations and
to have his qualifications tested so as to determine whether he was flit for the
post or not and that there ought to be no limitations, there ought to be no
D hindrance in the operation of the principle of equality of opportunity; tii)
that if the principle of equality of opportunity was to be operative there ought
to be no reservations of any sort for any class or community all and that all
citizens if they qualified should be placed on the same footing of equality as
far as public services were concerned; and (iii) that though the principle of
equality of opportunity was theoritically good there must at the same time be
a provision made for the entry of certain communities which have so far been
E outside the administration. The whole tenor of discussion in the Constituent
Assembly pointed to making res~rvation for a minority of the population
including Scheduled Castes and Scheduled Tribes which were socially
backward. (465 G-H; 466 A-B]

4. In Bafaji's case and in Chitra!ekha"s case, the Supreme Court
F exhibited a lot of hesitation in equating the expression 'class' with •caste' for
purposes of Article 15(4) and 16(4) of the Constitution. The .juxtaposition of
the expression 'backw\ard classes' and 'Scheduled Castes' in A~ticle 15 of th•
Constitution, according to the above two decisions, Jed to a reasonable
inference that expression 'classes' was not synonymous with 'caste'. The Court
while making these observations did not give adequate importance to the evils
of caste system which had led to the backwardness of people belonging to cer-
tain castes and the debates that preceded the cnact1nent of Part XVI and
Article 15(4) and Article 16(4) of the Constitution. What was in fact over-
looked was the history of the Indian social institutions. The rllakers of the
Indian Constitution very well knew that there were a number of castes
the conditions of whose members were almost sin1ilar to the conditions of mem~
bers belonging to the Scheduled Castes and to the Scheduled Tribes and that
they also needed to be given adequate prctection in order to tide over the
. difficulties in the way of their progress which were not so much due to proverty
but due to their bifth)~O.a particular (faste. Part XV~ was not enacted for the
K.C,V. KUMAR V. KARNATAKA 371

purpose of alleviating the conditions of poorer classes as such which was taken
care of by the provision of Part IV of the Constitution and in particular by A
Article 46 and by Article 14, Article 15(1) and Article 16(1) of the Constitution
which permitted classification of persons on economic grounds for special
teratment in order to ensure equality of opportunity to all persons The views
expressed by the Supreme Court, however stood modified by the later
decisions. [466- D-H; 467 A-BJ

Minor P. Rajendran v. State of Madras & Ors. [1968J 2 SCR 786; State B
of Andhra Prad.sh & Anr. v. P. Sagar [1968J 3 SCR 595; Triloki Nath & Anr. v.
State of Jammu & Kashmir & Ors. [19691 I SCR 103; A. Peeriakaruppan etc. v.
State of Tamil Nadu & Ors. [197!J 2 SCR 430; State of Andhra Pradesh & Ors. v.
U.S.V. Bairam etc. [1972J 3 SCR 247 referred to.

5. If the view that caste or community is an important relevant factor c
in determining social and educational backwardnesses for purposes of Articles
15(4) and 16(4 1of the Constitution, is departed from several distortions are
likely to follow and may take away from the sole purpose for which these
constitutional provisions were enacted. Several factors such as physical dis-
ability, poverty, place of habitation, the fact of belonging to a freedom fighter's
family, the fact of belonging to the family of a member of the armed forces D
might each become a sole factor for the purpose of Article 15(4) or Article 16(4)
which were not at all intended to be resorted to by the State for the purpose of
granting relief in' such cases. While relief may be given in such cases under
Article 15(1) and Article 16(1} by adopting a rational principle of classification,
Arrticle 14, Article 15(4) and Article 16 14) cannot be applied to them. Article
15(4) and Article 16(4) are intended for the benefit of tl'.ose \Vho belong to
castes/communities which are 'traditionally disfrl\:oured and which have suffered E
societal discriminations' in th!! past. The other factors mentioned above were
never in the contempalion of the makers of the Constitution while enacting
these clauses. [472 A-DJ

D.N. Chancha!a v. State of Afysore & Ors. etc. (1971) Supp. ~CR 608;
State of Kera/av. Kun1ari T.P. Roslrana & Anr. [1979J 2 SCR 974; Kumari M.S.
Jayasree & Anr. v. State of Kerala & Anr. (1977] 1 SCR 194; State of VIiar F
Pradesh v. Pradip Tan}on & Ors. [1975] 2 SCR 761; Subhash Chandra v. The
State of U.P. & Ors. AIR 1973 All. 295; Di/ip Kumar v. The Government of U·P,
& Ors. AIR 1973 All. 592 referred to.

6. Article 14 of the Con5titution consists of two parts. Jt asks the State
not to deny to any person equality before Jaw. It also asks the State not to G
deny the equal protection of the laws. Equality before Jaw connotes absence of
any dircrimination in law. The concept of equal protection required the State
to meet out differential treatment to per5ons in different situations in order to
establish an equilibriun1 amongst all. This is the basis of the rule that equals
should be treated equally and unequals must be ireated unequaJly if the
doctrine of equality which is one of the corner stones of our Constitution is to H
be duly irn~lemented. In order to do justice amongst unequals, the State has to
resort to compensatory or protective discrimination. Articles 15(4) and 16(4)
of the Constitution were en~ctt~ as measure$ of comper satory or protective
372 SUPl\BM! COUl\T llEPOl\TS [1985] SUPPL. s.c.11.

discrimination to grant relief to persons belonging to aocially oppressed castes
A and minorities. Under them, it is possible to provide for reservation of aeats
in educational institution and of posts in Government service& to such persons
only. But if there are persons who do not belong to socially oppreised castes
and minorities but who otherwise belong to weaker sections, due to poverty,
place of habitation, want of equal opportunity etc. the question arises whether
such reservation can be made in their favour under any other provison of the
Constitution such a. Article 14, Article 15(1), Article 16(1) or Article 46.
B According to Thomas's case, (a) no reservation of post1 can be made in
Government services for backward cla5ses including Scheduled Castes and
Scheduled Tribes under Article 14 or Article 16)), and (b) preferential treat.
ment as was done in this case on the basis of classification ordinarily could be
given under Article 16\1) to the Scheduled Castes and Scheduled Tribes only.
Other backward classes could not, except in exceptionally rare ca&es be
c extended the same benefit and their only hopo wao Article 16(4) of the
Constitution. [477 A·E; 485 G-H]

7. As to the power of the Government to mate reservations under
Article 15(4) and 16(4) of the Constitution: The determination of the question
whether the members belonging to a caste or a group or a community ar1
backward for the purpose of Article 15(4) and Article 16(4) of the Con•titution
D is not open to the Government to call any caste or group or community as
backward accordina to its sweet will and pleasure and extend the benefit that
may be granted under those provisions to such caste or group or community,
The exercise of uncontrolled power by the Government in this regard may lead
to political favouritism leading to denial of the just requirements of classes
which are truly backward. The power of the Government to classify any caste
E or group or community as backward has to be exercised in accordance with
the guidelines that can be easily gathered from the Constitution. It is now
accepted that the exptessions •socially and educationally backward classes of
citizens' and 'the Scheduled Castes and the Scheduled Tribes' in Article 15(4)
of the Constitution together are equivalent to 'backward classes of citizens• in
Article 16(4). [486 A·D]

F Further the criterion for determing the backwardness must not be based
aolely on religion, race, caste, sex or place of birth and the backwardness bein1
social and educational must be similar to the backwardness from which the
Sch"'1uled Castes and the Scheduled Tribes suffered. This view is in com-
formity with the intention underlying clause 6 of the resolution regarding the
aims and objects oft he Coustitution moved by Jawaharlal J'ehru on December
G 13, 1946 which asked the Constitution Assembly to frame a Constitution pro-
viding adequate safeguards for minorities, backward and tribal area and de-
pressed and other backward classes and also wish the provisions of Article 338
and Article 340 of the Constitution. Unless the above restriction is imposed on
the Government, it would become possible for the Governntent to call any
caste or group or community which con&titutes a powerful political lobby in
H the State as back.ward evc:n though in fact it may be an advanced caste or
l!roup or c;om_munit~ but ~ust below ~ome other forward community.
· [486 H; 487 C·DJ
k.c.\i. KUMAR r. KA&NATAKA 373

There is another important reason why such advanced castes or groups
or communities should not be included in the list of backl\'ard classes and that A
is that if castes or groups and communities which are fairly well advanced and
castes and groups and communiti i which are really backward being at the
rock-bottom level are classified together as backward classes, the benefit of
reservation would invariably be eaten up by the more advanced sections and
the really deserving sections would practically go without any benefit as more
number of children of the more advanced castes or group or communities
amongst them would have scord higher marks than the children of more B
backward caitea or groups or communitiei. In that even th• whole object of
reservation wow\d become fru•trated. [487 D·F]

Hence as far a& possible y.,bile preparing the list of backward classes,
the State Government has to bear in mind the above principle as a guiding
factor. The adoption of the above principle will not unduly reduce the c
number of persons who will be eligible for the benefits under Article 15{4)
and Article 16(4) of the Constitution since over the years the level of the
Scheduled Castes and Scheduled Tribes is also going up by reason of several
remedial measures taken in regard to them by the State and Central Govern-
ment. At the same time, it will also release the really backward castes,
groups and communities from the strangle-hold of many advanced groups
which have had the advantage of reservation along with the really backward
D
classes for nearly three decades. Jt is time that n:ore attention is given to
those castes, groups and communities who have been at the lowest level suffer-
ing from all lhe disadvantages and disabilities (except perhaps untouchability)
to which many of the Scheduled Castes and Scheduled Tribes have been
exposed but without the same or similar advantages that fl.ow from being
included in the list of the Scheduled Castes and the Scheduled Tribes. E
[487 H; 488 A-BJ

Janki Prasad Parlmoo d: Ors. et~. ~tc. v. Stale of Jammu & Kashmir &
Ors. [1973] 3 SCR 236 referred to.

8. Since economic condition it also a relevant criterion, it would be
appropriate to incorporate a 'means test' as one of the tests in determining the F
backwardness as was done by the Kerala Government. These two tests
namely, that the conditions of caste or group or con1munity should be more or
less similar to the conditions in which the Scheduled Castes or Scheduled
Tribes are situated and that the income of the family to which the candidate
belongs does not exceed the specified limit would serve as useful criteria in
determining beneficiaries of any reservation to be made under Article 15(4). G
For the purpose of Article 16(4) however, it should also be shown that the
backward class in question is in the opinion of the Government not adequately
represented in the Government services. [488 C-EJ

9. The classiftcation styled as 'special' group which is based on
occupation-cum-income considerations and which has received the approval H
in Chitralekha"J case; is yet another valid and useful test which can be adopted
for the purpo!.e of reservation which can be more legitimat1ly traced to Art. 14
and not to Art. 15(4) and Art. 16(4). [491 HJ
SUPREME COURT REPORTS (1985) SUPPt. s.c.k.

10. From a careful consideration of all the seven opinions in the
A Tho1nas's case it cannot be said that the settled view of the Supreme Court
that the reservation under Article 15(4) or Article 16(4) could not be more than
50 per cent has been unsettled by a majority on the Bench which decided this
...
case. [491 BJ

J 1. If reservation is made only in favour of those backward castes or
clauses which are comparable to the Scheduled Castes and Scheduled Tribes,
B it may not exceed 50 per cent (including 18 per cent reserved for the Scheduled
Castes and Scheduled Tribes and 15 per cent reserved for 'special group') in
view of the total population of such backward classes in the State of Karnataka.
The Havanur Commission has taken the number of students passing at SSLC
examination in the year 1972 as the basis for detennining the backwardness.
The average passes per thou&and of the total population of the State of
c Karnataka was 1.69 in 1972. The average in the case of the Scheduled Castes
was 0.56 and in the case of Scheduled Tribes was 0.51. Even if we take all
the castes, tribes and communities whose av-erage·is below 50 per cent of the
State average i.e. below 85 per cent for classifying them as backward, large
chunks of population which are now treated as backward would have to go
out of the list of backward classes. Consequently the necessity for reservation
which would take the total reservation under Article 15(4) and IG(4) beyond 50
D per cent of the total nui11ber of seats/posts would cease to exist. The present
arrangemo:nt has been worked for more than five ~ears already. It is now
necessary to redetermine the question of backwardness of the various castes,
tribes and communities for purposes of Article 15(4) and Article 16(4) in the
light of the latest figures to be collected on the various relevant factors and to
refix the extent of reservation for backward classes. The reservation of 15%
now made under Article 15(4J and Article 16(4) but which may be traced to
E Articles 14 and 16(1) to 'special group' based on occupation-cum-incon1e can
in any event be availed of by n1embers of aJl comn1unities and castes.
[491 C·GJ

12. However, it should be made clear that if on a fresh determination

F
some castes or communities have to go out of the list of backward classes
prepared for Articles 15(4) and 16(4), the Government may still pursue the
policy of amelioration of weaker sections of the population amongst them in
accordance with the directive principle contained in Article 46 of the
--
Constitution. There are in all castes and communitiei. poor people who if they
are given adequate opportunity and training may be able to compete success~
fully with persons belonging to richer classes. The Government may provide
G for them liberal grants of scholarships, free studentships, free boarding and
lodging facilities, free uniforms, free n1id~day meals etc. to make the life of
poor students comfortable. The Government may also provide extra tutorial
facilities, stationery and books free of cost and library facilites. These and other
steps should be taken in the lower classes so that by the time a student appears
for the qualifying examination he may be able to attain a high degree of
proficiency in his studies. [491 H; 492 A·CJ
H
ORIGINAL JURISDICTION:
'·
Writ Petitions Nos. 1297-98,
1407 of 1979, 4995-97of1980 and 402 of 1981.
11,C.V. lllUMAR V. KARNATAKA (Chandrachutl, C.J.) 'f1-5
(Under Article 32 of the Comtitution of India.)
A
F.S. Nariman, K.N. Bhat, B. Veerbhadrappa. H.S. Renuka
Prasad, Vijay Kumar Verma, Nanjappa Ganpathy and P.K. Manohar
·for the Petitioners in W.P. Nos. 1297-98, of 1979.

K. Chennabasappa, S.S. la•ali aPd B. R. Agarwal for the Peti- B
tioners in W.P. No. 1407 of 1979.

K.K. Venugopa/ and C.S. Vaidyanathan for the Petitioners
in W.P. Nos. 4995·97 /80 & 402 of 1981.

R.K. Garg and A. V. Rangam, for the Respondents in W.P.
c
Nos. 4995-97/80 and 402 of 1981.

P.H. Parekh and Gautam Philip, for the Intervener Akhil
Bharat Anusuchit Jati in W.P. Nos. 1297-98 of 1979.
IJ
L.G. Havenur, K.M.K. Nair and Narayana Nettar for the
Intervener President Karnataka Lei:islative in W.P. No. 1407 of
1979.

K. Rajendra Chaudhury for the Intirventr Dravida Kazhagam
in W.P. No. 402of1981. E

K.M.K. Nair for the Intervener All India Nayaka Sangh in
W.P. No. 1297-98 and 1407 of 1979.

The followin11 Judaments were deliYered : F
CHANDRACHUD, C.J. : My learned Brethren have expressed
their respective points of view on the policy of reservations which,
alas, is even figuratively, a burning issue to-day. We were invited by
the counsel not so much as to deliver judgments but to express our G
opinion on the issue of reservatiom; which may serve as a guideline
to the Commission with the Government of Karnataka proposes to
appoint, for examining the question of affording better employment
and educational opportunities to Scheduled Castes, Scheduled Tribes
and other Backward Classes. A somewhat unusual exercise is being ~H
undertaken by the Court in giving expression to its views without
reference to specific facts. But, institutions profit by well-meaning
inn~ions.·· '~cts wiHilppea-r befor«:' ·tile Commission and it
SUPREME COURT REPORTS (198SJ SUPPL, s.c.lt.

will evolve suitable tests in the matter of reservations. I cannot resist
A expressing the hope that the deep thinking and sincerity which has
gone into the formulation of the opinions expressed by my learned
Brethren will not go waste. The proposed Commission should
give its close application to their weighty opinions. Mine is only a
skeletal effort. I reserve the right to elaborate upon it, but the
B chances of doing so are not too bright.

I would state my opinion in the shape of the following pro·
positions :

!. The reservation in favour of scheduled castes and
c scheduled tribes must continue as at present, there
is, without the application of a means test, for a
further period not exceeding fifteen years. Another
fifteen years will make it fifty years after the advent
of the Constitution, a period rearnnably long for the
D upper crust of the oppressed classes to overcome the
baneful effects of social oppression, isolation and
humiliation.

2. The means test, that is to say, the test of economic
backwardness ought to be made applicable even to
E the Scheduled Castes and Scheduled Tribes after the
period mentioned in (I) above. It is essential that
the privileged section of the underprivileged society
should not be permitted to monopolise preferential
benefits for an indefinite period of time. •.
F
3. In so far as the Other Backward Classes are concer-
ned, two tests should be conjunctively applied for
identifying them for the purpose of reservations in
employment and education : One, that they should
be comparable to the Scheduled Castes and Schedu·
G led Tribes in the matter of their backwardness; and
two, that they should satisfy the means test such as a
State Government may lay down in the context of
prevailing economic conditions.

H 4. The policy of reservations in employment, education
and legislative institutions should be reviewed every
five years or so. That will at once afford an oppor·
tc.c. v. K\JMAll. KARNATAKA (lJesai, J.) 317

!unity (i) to the Sta, to rectify distortions arising out
, of particular facets c the reservation policy and (ii) A
to the people, both ~ckward and non-backward, to
ventilate their views ha public debate on the practi-
cal impact of the poliy of reservations.
DESAr, J. 'India embraced :quality as a cardinal value against
a background of elaborate, vaued, and clearly perceived inequali• B
ties.'(1) 'Art. 14 guaranteed equality but the awareness of deep
rooted inequality in the sociey reflected in Art. 15 and 16. Fifteen
months of the working of the Constitution necessitated amplification
of Art. 15(3) so as to eosure tat any special provisions that the
State may make for the educational, economic or social advancement
of any backward class citize-:i, may not be challenged on the ground
c
of being discriminatory.'(') Sec. 2 thereof provided for addition to
sub Art.(4) of Art. 15 For a period of three and a half decades, the
unending search for identifying socially and educationally backward
classes of citizens has defied the policy makers, the interpreters of the
policy as reflected in statutes or executive/administrative orders and D
has added a spurt in the reverse direction, namely, those who attemp-
ted to move upward/(Pratilom) in the social hierarchy have put the
movement in reverse gear so as to move downwards (Anulom) in
order to be identified as a group or class of citizens socially and
educationally backward. As the awareness of concessions and bene- E
fits grows with consequent frustration on account of their non-avaii-
ability confrontation develops amongst various classes of society.
The Canstitution promised an egalitarian society. At the dawn of
independence Indian Society was a compartmentalised society com-
prising groups having distinct and diverse life styles. It was a caste
ridden stratified hierarchical society. Though this is well accepted, F
the concept of caste has defied a coherent definition at the hands of
jurists or sociologists.

In the early stages of the functioning of the Constitution, it
- was accepted without dissent or dialogue that caste furnishes a
working criterion for identifying socially and educationally backward
class of citizens for the purpose of Art. 15(4).
G

'This was predicated on a realistic appraisal that caste as a
principle of social order has persisted over millenia if much more

{I) M~rc Galaoter-Competing Equalities 1980.
H
(2) Obiects and Reasons Statement of the Constitut' (F'
ment) Act, 1951. ion 1rst Ame"1d·

/
I
:37g • \ SUPREME COURT REPORTS ···(198SJ SUPPL. S.C.lt,

disorderly and asymmetrical in practice than classical Hindu socio.;
A legal theory depicted it'.(1 ) Langua?e of Art. 15(4) refers to "class•
and not caste. Preferential treatr.iei;t ,;.'jrh c~nnot be struck down
as discriminatory was to be accorded/to a class, ·shown to be socially
and educationally backward and not to the members of a caste who
may be presumed to be socially and educationally backward. How
B do we define, ignoring the caste label, class of citiZens socially and
educationally backward. As we are not writing on a clean slate, let
us look at judicial intervention to give shape and form to this con-
cept of a class of citizens who are socially and educationally
backward so as to merit preferred treatment or· compensaiory
·discrimination or affirmative action.
c
A brief survey of decisions bearing on the subject \l·ould reveal
the confusion and the present state of malaise. This review is neces-
sary because a serious doubt is now nagging the jurists, the socio-
logists and the administrators whether caste should be the basis for
recognising the backwardness.
D
There has been some vacillation on the part of the Judiciary on
the question whether the caste should be the basis for recognising
the backwardness. Therefore, a bird's eye-view of the decisions of
the Court may first be taken to arrive at a starting point as to
whether the Judiciary has uni vocally recognised caste as the basis for
recognition of the backwardness,
\
In Stale of Madras v. Srimathi Champakam Dorairajan &
Anr.,(') this Court struck down the classification in the Communal
G.O. founded on the basis of religion and caste on the ground that
F
it is opposed to the Constitution and constitutes a clear violation· of
0
the fundamental rights guaranteed to the citizen. The decision was
in the hey-day of supremacy of fundamental rights over Directive
Principles of State Policy. The Court held that Art.· 46 cannot
override the provisions of Art. 29(2) because the Directive Principles
.G of State Policy have to conform to and run as subsidiary to the
Chapter of Fundamental Rights. '

.·In M.R. Baljl & Ors. v. State of Mysore(') it was observed that
.• though caste in relation to Hindus may be a relevant factor to
II ~. .
{I) Hutton-Caste in India: Its nature, function and Origin 1961.
(2) (1951) S.C.R. 525.
•
(3) (1963) Supp. 1 S.C.R. 439.
- ~,p. v. KUMAR v. KAR_NATAKA (besai, J.) -.~J9

consider in determining the social backwardness of groups or classes
of citizens, it cannot b~ made the sole or dominant test. Social A
backwardness is in the ultimate analysis the result of poverty
to a very large extent. The classes of citizens who are deplorably
poor automatically become socially backward. The problem of
determining who are socially backward classes, is undoubtedly very
complex, but the classification of socially backward citizens on the B
basis of their castes alone is not permissible under Art 15(4). The
Court could foresee the danger in treating caste as the sole criterion
for determining social and educational backwardness. The impor•
tance of the judgment lies in realistically appraising the situation
when it uttered the harsh but unquestionabie truth that economic
backwardness would provide a much more reliable yardstick for C
determining social backwardness because more often educational
backwarness is the outcome of social backwardness. The Court
drew clear distinction between 'caste' and 'class'. The attempt at
finding a new basis for ascertaining social and educational backward·
ness in place of caste reflected in this decision. Clairvoyance in this D
behalf displayed in our opinion is praiseworthy.

fn T. Dei·adesan v. The Union of India & Anr.(') the petitioner
challenged the carry forward rule in the matter of rese>ved seats in
the Central Secretariat Service as being violative of Art. 14 and 16
of the Constitution. The majority accepting the petition ·observed E
that the problem of giving adequate representation to members of
the backward class enjoined by Art. 16(4) of the Constitution is not
adequate by framing a general rule without bearing in mind its
reflections from year to year. What precise method should be
• ad opted for this purpose is a matter for the Government to decide . F
The Court observed that any method to be evolved by the Govern·
ment must strike a reasonable balance between the claims of the
backwardness and claims of other employees as pointed out in
Ba/aji's case.

In R. Chitralekha & Anr. v. State of Mysore & OrJ.(') the G
· majority held valid the orders made by the Government of Mysore
· in respect of admissions to Engineering and Medical Colleges, and
_o~served that.a classification of backward classes based on economic
conditions and occupations is not _bad and tloes not offend Art. 15(4).
H
(I) [1964j 4 S.C.R. 680,
(2) (1964) 6 S.C.R. 368.
380 •
SUPREME COURT REPORTS (1985) SUPPL. s.c.!l.

The caste of a group of citizens may be a relevant circumstance in
A ascertaining their social backwardness and though it is a relevant
factor to determine social backwardness of a class, it cannot be the
sole or dominent test in that behalf. If in a given situation caste is
excluded in ascertaining a class within the meaning of Art. 15(4) it
does not vitiate the classification if it satisfied other tests. The Court
B observed that various provisions of the Constitution which recognised
the factual existence of backwardness in the country and which make
a sincere attempt to promote the welfare of the weaker sections
thereof should be construed to effectuate that policy and not to give
weightage to progressive sections of the society under the false colour
of caste to which they happen to belong. Under no circumstances a
c 'caste' though the caste of an individual or group of individuals may
be a relevant factor in putting him in a particular class.

In Triloki Nath & Anr. v. State of Jammu & Kashmir & Ors.(')
reservation of 50 per cent of the Gazetted posts to be filled by pro-
motion was in favour of Muslims of Jammu & Kashmir. The Court
D held that inadequate representation in State services would not be
decisive for determining the backwardness of the section. The Court
accordingly, gave directions for collecting further material relevant
to be subject. After the material as directed earlier was collected
the matter was placed before the court and the decision is reported
E in Triloki Nath & Anr. v. State of Jammu & Kashmir & Ors.(') The
Court observed that the exprcssioo 'backward class' is not used as
synonymous with 'backward caste' or 'backward community'. The
members of an entire caste or community may, in the social, econo-
mic and educational scale of values at a given time, be backward
and may, on that account be treated as a backward class, but that is
F not because they are members of a caste or community, but because
they form a class. In its ordinary connotation, the expression 'class'
may mean a homogenous section of the people grouped together
because of certain likenesses or common traits, and who are idenlfi-
able by some common attributes such as status, rank, occupation,
G residence in a locality, race, religion and the like, but for purpose of
Art. 16(4) in determining whether a section forms a class, a test
solely based on caste, community, race, religion, sex, descent, place
of birth or residence cannot be adopted because it would directly
offend the Constitution. The caste as the basis for determining
H backwardness received a rude jolt.

(1) (1967] 2 S.C.R. 265.
(2) [1969] 1 S.C.R. !Ol.
K.c.v. KUMAR '· l!l:ARNATAKA (Desai, J.) 381

In A. Peeriakaruppan etc. v. Stat a of Tamil Nadu(1) this Court
after referrening to earlier decisions espeially in Balajl's case and A
Chitralekha' s case observed that there is no gain saying the fact that
there are numerous castes in this country which are socially and
educationally backward. To ignore their existence is to ignore the
realities of life. It is difficult to make out whether the court accepted
caste as the sole basis for determinini social and educational back- I
wardness.

In State of Andhra Pradesh cl Ors. v. U.S.V. Bairam etc.(2 ) a
list of backward classes which was under challenge prima facie
appeared to have been drawn up on the basis of caste. The Court on C
closer examination found that the caste mark is merely a description
of the group following the particular occupations or professions
exhaustively referred to by the commission. Even on the assumption
that the list is based exclusively on caste, it was clear from the
materials before the Commission and the reasons given by it in its
report that the entire caste is socially and educationally backward D
and therefore, the inclusion of sub-caste in the list of Backward
Classes is warranted by Art. 15(4). The caste remained the criterion
for determining social and educational backwardness. The assump·
tion that all the members of a given caste are socially and edu-
cationally backward is wholly unfounded and lacks factual support
obtained by survey. E

In Janki Prased Parimoo & Ors etc. etc. v. State of Jommu &
Kashmir & Ors. (') it was observed that mere poverty cannot be a
test of backwardness because in this country except for a small
percentage of the population, the people are generally poor-some F
being more poor, others less poor. In the rural areas some sectors
of the population are advancing socially and educationally while
other sectors are apathetic, Applying this yardstick, priestly classes
• following a traditional profession was held not to be socially and
educationally backward. Cultivators of land designated as backward
measureed by the size ot' the holding was held to be impermissible G
on the ground that placing economic consideration alone above other
considerations, is erroneous to determine social and educational
backwardness.

R
(I) [1971] 2 S.C.R. 430.
(2) (1972]3 S.C.R. 247.
(3) [1973] 3 S.C.R. 236,
382 'SUPRBME COURT Rlll'C>RT!l . [ 1985] SUPPL. s.c.R.

In State of Uttar Pradesh v. Pradip Tandon cl Ors.( 1) reserva-
A tions in favour of rural areas was held to be unsustainable on the
ground that it cannot be said as a general proposition that rural areas
represents socially and educationally backward classes of citizens.
"overty in rural areas cannot be the basis Of classification to Support
reservation for rural areas.
B
In State of Kera/a & Anr. v. N.M. Thomas cl Ors.( 2 ) the con·
stitutional validity of Rule I 3AA giving further exemption of two
years to members belonging to Scheduled Tribes and Scheduled
Castes in the service from passing the tests referred to in r. 13 or r.
13A, was questioned. The High Court struck down the rule.
c Allowing the State appeal, Mathew, J. in his concurring judgment
held that to 'give equality of opportunity for employment to the
members of Scheduled Castes and Scheduld Tribes, it is necessary to
take note of their social, educational and economic backwardness,
Not only is the Directive principles embodied in Art. 46 binding on
D the law makers as ordinarily understood, but it should equally inform
and illuminate the approach of the court when it makes a decision
as the cour! also is State within the m~aning of Art. 12 and makes
law even though interstitially. Existence of equality depends not
merely on the absence of disabilities but on the presence of disabili·
ties. To achieve it differential treatment of persons who are unequal
E is permissible. This is what is styled as compensatory discrimination
or affirmative action. In a concurring judgment, Krishna Iyer, J.
observed that the genius of Arts. 14 and 16 consists not in literal
equality but in progressive elimination of pronounced inequality.
To treat sharply dissimilar persons equally is subtle injustice. Equal
opportunity is a hope, not a menace.
F
lnKumariK.S. Jayasree & Anr. v. The Sta;e of Kera/a & Anr.(3 )
it was held that the problem of determining who are socially and
educationally backward classes is undoubtedly not simple. Dealing
with the question whether caste can by itself be a basis for determin-
G ing social and educational backwardness, the court observed that it
may not.· be irrelevant to consider the caste of group of citizens
claiming to be socially and educationally backward. Occupations,
place of habitation may also be relevant factors in determining who
are socially and educationally backward classes.

(1) [1975] 2 S.C.R. 761,
(2) [1976] 1 S.C.R. 906.
(3) [1977) l S.C.R. 194.
'z:,c.v. KUMAR P. KARNATAKA (Desai, J.) :383
'
In Akhil Bharatiya Soshit Karamchari Sangh (Railway) represen·
ted by its Assistant General Secretary on behalf of· rhe Association .v. A
ll.~ion 'of India & Ors.(1) this Court upheld reservation of posts at
various levels and making of various concessions in favour of the
members of the Scheduled Castes and Scheduled Tribes.. Krishna
Iyer, J. extensively quoting from the final address to the Constitutent
Assembly by Dr. Ambedkar held that the political domocracy was
not the end in view of the struggle for freedom but a social demo-
B
cracy was to be set up by which it was meant the social fabric resting
on the principle of one man one value. Translated functionally, it
means 'total abolition of social and economic inequalities.'

This brief review would clearly put into focus, the dithering c
and the vacillation on the part of the Judiciary in dealing with the
question of reservation in favour of Scheduled Castes, Scheduled
Tribes as well as other socially and educationally backward classes.
Judiciary retained its traditional blindfold on its eyes and thereby
ignored perceived realities. A perceptive viewer of judicial inte.Ven-
tion observed that the courts turned out to be more limited as a
D
vantage point then I naively assumed at the outset. They act as a
balance wheel channelling compensatory policies and accommodating
them to other commitments, but it is the political process that shapes
the larger contour of these policies and gives them their motive force.
·Official doctrine-"judicial· pronouncements or administrative regu- E
lations-proved insufficient guide to the shape of the policies in
action and · the result they produced.'( 2) The Indian social scene
apart from being disturbing presented the picture of stratified society
hierarchically fragmented. At the lowest rung of the ladder stand
·Scheduled Castes and Scheduled Tribes and any preferential treat·
'ment in their favour has more or less ment with judicial approval. F
' But when it came to preferential treatment or affirmative action ·or
what is also called compensatory discrimination in favour of socially
and educationally backward classes of citizens, the caste ridden society
raised its ugly face. By its existence over thousands of years, more
or less it was assumed that caste ;hould be the criterion for deter• G
· mining social and educational backwardness. In other words, it was
said, look at the caste, its traditional functions, it position in
·relation to upper castes by the standard of purity and pollution,
pure and not so p·uie occupation, once these questions are 'satis-
. factorily answered without anything more, those who belong io that
' ·-.
B
(IJ (1981] 2 S.C.R. 18S.
(2) Marc Galanter-Competina Equalities, 1930 p. XVIII.
384 \ SUPREME
I
CO~T REPORTS . (198S) SUPPL. S.C.R.

caste must be labelled socially and educationally backward. This
A over-simplified approach ignored a very realistic situation existing in
each caste that in every such caste whose members claim to be
socially and educationally backward, had an economically well•
placed segments. But that may wait. We are at present concerned
with the judicial response to the attempt of the Executive to accord
B preferential treatment to socially and educationally backward classes
of citizens. The litigation which came to the court was more· often
by those who relied on meritocracy· and complained that the merit is
crucified at the altar of the mirage of equality. The outcome of
judicial intervention against preferred treatment is summed up as
under:
c
"Summing up, we may surmise that the gross effect
of litigation. on the compensatory discrimination policy
has been to curl1il and confine it. Those who have
attacked compensatory discrimination schemes in court
D have compiled a remarkable record of success, while those
seeking to extend compensatory discrimination have been
less successful."(') ,

The controversy now has shifted to identifying socially and
E educationally backward classes of citizens. The expression 'back-
. ward classes' is not defined. Courts have more or loss in the absence
of well-defined criteria not based on caste label has veered round to
the view that in order to· be socially and educationally backward
classes, the group must have the same indicia as Scheduled Castes
and Scheduled Tribes. The narrow question that the being examined
F · here is whether caste label should be sufficient to identify social and
educational backwardness? Number of Cbmmissions have attempted
to tackle this complex problem. However, both Mandal Co=is-
sion of Karnataka and Bakshi Commission of Gujarat, have· finally
accepted caste as the identifying criterion for determining social and
G educational backwardness, though it will be presently pointed out
that Mandal Commission had · serious reservations· about caste
criterion. Most of these Commissions and the Government orders
based their recommendations .used communal units to discriminate
the backward class. Rane Commission of Gujarat has chalked out
. a different path, rejecting caste as the basis for ascertaining social
and educational backwardness. The· question we must pose and
•
(I) Marc Oallanter, Competing Equalities, p. 511.
K.c,.v. KUMAR v. KARNATAKA (Desai, J.) 385
answer is· whether· caste should be. the basis for determining social
;md educational backwardness. In other words, by what yardstick, A
groups which are to be treated as socially and educationally backward
are to be identified? To simplify the question : should membership of
caste signify a class of citizens as being socially and educationally
backward? If 'caste' is adopted as the criterion for determining social
and educational backwardness does it provide a valid test or it would B
violate Art. 15(1) which prohibits discrimination against-·any citizen
; on grounds of religion, race, caste, sex, place of birth or any of
them. -· •. ..

What then is a caste? Though caste •has. been discussed by
scholars and jurists, no precise definition of the expression has c
emerged. A caste is a horizental segmental division of society spread
over a district or a region or the whole· State and also sometimes
.outside it.( 1) Homo Hierarchicus is expected to be the central and
substantive element of the caste/system· with differentiate it from
other social systems. : The concept of purity and impurity conceptua-
D
lises the caste system. Louis Dumont asserts that the principle of
the opposition of the pure and the .impure underlies bie~archy,
. which
· is the superiority of the pure to the. impure, underlies separation
because pure and the impure must be kept separate and underlies the
· division of labour because pure and impure occupations must like~
wise, be kept separate.(') . There are four essential features of the .E
caste system which maintained its homo hierarchicus character: (I)
. hierarchy (2) commensality: (3). restrictions on marriage; and (4)
. hereditary occupation.(') Most of the caste. are endogamous groups.
: Intermarriage between two groups is impermissible. But 'Pratilom'
. marriages are not wholly unknown. Similarly with the onward move-
. :men! of urbanisation, members of various castes are slowly giving up,
traditional occupations and the pure and impure avocations is being
frowned upon by developing notion of dignity of labour. As the
_. fruits of indepence were unequally distributed amongst. various seg-
- ments of ·the society, in each caste there came into existence a triple
division based on economic resurgence amongst the members of the
caste. Those who have become economically well off have acquired
. an upper class status (class consciousness) and the one on the step
b~low is the middle class and the third one belongs to poorer section

· (1) . I.P. Desai : Should ;caste• be the B~sis for Recognising Back~ardnCss HI
. (198;1. .· . . . ·. . . . . . . .
(2) Louise Dumont-Home Hierachicus (1970}.
•
(3) Caste in ContempQrar, India: G. Shah [198Sj.
386 SUPREME COURT REPORTS [19851 SUPPL, s.c.R.

of the caste. This Jed to the realisation that caste culture does not
A help economic interest. In fact the upper crust of the same caste is
verily accused of exploiting the lower strata of the same caste. It is
therefore, rightly argued that the basis of the caste system namely,
purity and pollution is slowly being displaced by the economic condi-
tion of the various segments of the same caste. It is recognised on
8 almost all hands that the important feature of the caste structure are •
progressively suffering erosion. The new organisation, the so-called
caste organisation, is substantially different from the traditional
structure and caste councils. Economic differentiation amongst the
members of the caste has become sharp, but not so sharp as to bury
caste sentiments and ties.
c •
If the transformation of the caste structure as herein indicated
is realistically accepted, should the caste label be still accepted as the
basis for determining social and educational backwardness. In a
recent paper by the noted sociologist Shri I.P. Desai (Alas, he is no
D
more), it has been ably argued that not a caste but the class or the
social group should be examined with a view to determining their
social and educational backwardness. Caste in rural society is more
often than not mirrored in the economic power wielded by it and
vice vessa. Social hierarchy and economic position exhibit an undis-
E putable mutuality. The lower the caste, the poorer its members. The
poorer the members of a caste, the lower the caste. Caste and
economic situation, reflecting each other as they do are the Deus ex•
Machina of the social status occupied and the economie power
wielded by an individual or class in rural society. Social status and
economic power are so woven and fused into the caste systen in
F
Indian rural society that one may without hestitation, say that if
poverty be the cause, caste is the primary index of ~ocial backwardne~s,
so that social backwardnes1 is often readily identifiable with reference
to a person's caste. Such we must recognise is the primeval force

G
and omnipresence of caste in Indian Society, however, much we may
like to wish it away. So sadly and oppressively deep-rooted is caste
in our country that it has cut across even the barriers of religion.
The caste system has penetrated other religious and dissentient Hindu
-
sects to whom the practice of caste should be anathema and today
we fined that practitioner of other religious faiths and Hindu dis·
H sentients are some times as rigid adherents to the system of caste as
the co11servative Hindus. We find <;:hristian harijans, Christian
K.c.v. KUMAR v. l:Al\NATAKA (Desai, J.) 387

Madars, Christian Reddys, Christian Kammas, Mujbi Sikhs, etc. etc.
In Andhra Pradesh there is a community known as Pinjaras or Dud~ A
kulas (known in the North as 'Rui Pinjane Wala') : (Professional
cotton-beaters) who are really Muslims, but are treated in rural
society, for all practical purposes, as a Hindu caste. Several other
instances may be given.

Shared situation in the economic hierarchy, caste gradation,
B
occupation, habitation, style of consumption, standard of literacy
and a variety of such other factors appear to go to make towards
social and educational backwardness. In some situations and indeed
quite often, social investigator may easily be able to identify a whole
caste group as a socially and educationally backward class; he may c
readily recognise people living in certain areas, say mountainous,
desert a fresh lease of life. In fact there is a mad rush for being
recognised as belonging to a caste which by its nomenclature would
be included in the list of socially and educationally backward classes.
To illustrate : Bakshi Commission in Gujarat recognised as many as
82 castes as being socially and educationally backward. On the
D
publication of its report, Government of Gujarat received represen-
tations by members of those castes who had not made any represen-
tation to the Bakshi Commission for treating them as socially and
educationally backward. This phenomenon was noticed by Manda!
Commission when it observed : "whereas the Commission has tried E
to make the State wise lists of OBCS as comprehensive as possible,
it is quite likely that severaly synonymy of the castes listed back-
ward have been left out. Certain castes are known by a number of
synonymy which VJ.ry from one region to the other and their com-
plete coverage is almost impQssible. Manda! Commission found a
way out by recommending that if a particular caste has been treated F
as backward then all its synonyms whether mentioned in the State
lists or not should also be treated as backward.(') Gujarat Govern-
ment was forced to appoint a second commission known as Rane
Commission. Rane Commission took note of the fact that there
was an organised effort for being considered socially and G
educationally backward castes. Rane Commission recalled the
observations in Balaji's case that 'Social backwardness is on the
ultimate analysis the result of poverty to a very large extent.' The
Commission noticed that some of the castes just for the sake of being
considered as socially and educationally backward, have degraded II

(I) Manda! Commission ~eport Vol, Ch. XII p. 55,
388 SUPREME COURT REPORTS [1985) SUPPL. S.C.R,

themselves to such an extent that, they bad no hesitation in attribut·
A ing different types of vices to and associating other factors indicative
of backwardness, with their castes. The Commission noted that the
malaise requires to be remedied. The Commission therefore, devised
a method for determining socially and educationally backward classes
without reference to caste, beneficial to all sections of people irrespec·
tive of the caste to which they belong. The Commission came to an
B
irrefutable conclusion that amongst certain castes and communities
or class of people, only lower income groups amongst them are
socially and educationally backward. We may recall here a trite
observation in case of N.M. Thomas which reads as under :

c
"A word of sociological caution. In the light of
experience, here and elsewhere, the danger of 'reservation',
it seems to me, is three-fold. Its benefits, by and large,
are snatched away by the top creamy layer of the 'back·
ward' caste or class, thus keeping the weakest among the
D week always weak and leaving the fortunate layers to
consume the whole cake. Secondly, this claim is over·
played extravagntly in democracy by large and vocal
groups whole burden of backwaadness has been substan·
tially lightened by the march of time and measures of
E better education and more opportunities of employment,
but wish to weak the 'weaker section' label as a means to
score over their near-equals formally categorised as the
upper brackets."

F A few other aspects for rejecting caste as the basis for
identifying social and educational backwardness may be briefly noted.
If State patronage for preferred treatment accepts caste as the only
insignia for determining social and educational backwar.ness, the
danger looms large that this approach alone would legitimise and
perpetuate caste system. It does not go well with our proclaimed
G
secular character as enshrined in the Preamble to the Constitution.
The assumption that all members of some caste are equally socially
and educationally backward is not wel '-founded. Such an approach
provides an oversimplification of a complex problem of identifying
H the social and educational backwardness. The Chairman of the
Backward Classes Commission, set up in 1953, after having finalised
the report, concluded that 'it would have been better if we could
l)etermit)e the criteria Qf b~ck;wardness on principles otller than
k.c.V. KUMAR~. KARNATAKA (b68al, J.) 389
caste.'(') Lastly it is recognised without dissent that the caste based
reservation has been usurped by the economically well-placed section A
in the same caste. To illustrate, it may be pointed that some years
ago, I came across a petition for special leave against the decision of
the Punjab and Haryana High Court in which the reservation of
2·1/2" for admission to Medical and Engineering College in favour
of Majbabi Sikhs was challenged by none other than the upper crust
of the members of the Scheduled Castes amongst Sikhs in Punjab,
B
proving that the labelled weak exploits the really weaker. Add to
this, the findings of the Research Planning Scheme of Sociologists
assisting the Manda! Commission when it observed : 'while deter-
mining the criteria of socially and educationally backward classes,
social backwardness should be considered to be the critical element c
and educational backwardness to be the linked element though not
necessarily derived from the former .'( 2) The team ultimately
concluded that 'social backwardness refers to ascribed status and
educational backwarnness to achieved status, and it considered
social backwardness as the critical element and educational back-
wardness to be the linked though not derived element.' The attempt D
is to identify socially and educationally backward-classes of citizens.
The caste, as is understood in Hindu Society, is unknown to
Muslims, Christians, Parsis, Jews etc Caste criterion would not
furnish a reliable yardstick to identify socially and educationally
backward group in the aforementioned communities though economic E
backwardness would.

Therefore, a time has come to review the criterion for
identifying socially and educationally backward classes ignoring the
caste label. The only criterion which can be realistically devised is
the one of economic backardness. To this may be added some F
relevant criteria such as the secular character of the group, its
opportunity for earning livelihood etc. but by and large economic
backwardness must be the load star. Why I say this ?

Chronic poverty is the bane of Indian Society. Market G
economic and money spinning culture has transformed the general
behaviour of the Society towards its members. Upper caste does net
enjoy the status or respect, traditional, voluntary or forced any more
even in rural areas what to speak of highly westernised urben society.
H
(I) Backward Classes Commission Report Vol. I Ch. XIV.
(2) Part 3 Appendix XIII, p. 99 of the Report of the Team,
390 SUPREME COURT REPORTS (198SJ SUPPL. s.d.i.

The bank balance, the property holding and the money power deter·
A mine the social status of the individual and guarantee the
opportunitie to rise to the top echelon. How the wealth is acquired
has lost significance. Purity of means disappeared with Mahatama
Gandhi and we have reached a stage where ends determine the
means. This is the present disturbing situation whether one likes it
or not. Rane Commission on the evidence before it and after
B
applying the relevant tests and criteria observed as under :

"We have found on applying relevant tests and
on the basis of the evidence on record, that there are
certain castes/communities or classes of people which are
c backward, but, only lower income groups amongst them
are socially and educationally backward. In order to
ensure that, no ambiguity remains in regard to the above
aspect, we may add that, the above observations bold
good even in respect of those classes which are identified
as socially and educationally backward without
D reference to any caste. "(1)

Reservation in one or other form has been there for
decades. If a survey is made with reference to families in various
castes considered to be socially and educationally backward, about
E the benefits of preferred treatment, it would unmistakably show that
the benefits of reservations are snatched away by the top creamy
layer of the backaward castes. This has to be avoided at any cost.

If poverty is to be the criterion for determining social and
educational backwardness, we must deal with a fear expressed by
F sociologists. It is better to recapitulate these aspects in the words of
a socialogist :

"Now, if the government changes the criteria of
reservation from caste to class, persons from the upper
G strata of the lower castes who are otherwise not able to
compete with the upper strata of the upper castes despite
the reservations will be excluded from the white collar
jobs. And the persons from the lower strata of lower
castes will not be able to compete with their counterpart
H of the upper castes. They too will be excluded. This

(1) Report of Rane Commission Chapter XII prge 12.1.
i:.c.v. KUMAR v. KARNATAKA (b1saf !.) 39i
will bridge the gap which is otherwise widening between
the rich and the poor of the upper castes and it will A
strengthen their caste identity. It will wipe out the small
poor strata of the upper castes at the cost of the poor
strata oflower castes, and in the name of secularism. In
course of time the upper caste will also become the upper
class. Such a process would hamper the growth of B
secular forces."(')

This fear psychosis is effectively answered by an eminent academic.
He says that 'if the poor can be operationally defined, categorised
and sub-categorised and reservation benefits be stratified accordingly,
would the scenario still haunt use? I think not. He recognised that C
this point is valuable in terms of alerting everyone to the need for
further refinement of the notions of poor strata. He recognised that
the State is, with all its limitations and resources, to direct and plan
social transformation. (The non-revolutionary) choice is between
reinforcing 'caste' or reinforcing the extant constitutional D
values.'(')

Let me conclude. If economic criterion for compensatory
discrimination or affirmative action is accepted, it would strike at the
root cause of social and educational backwardness, and simultane·
ously t.tke a vital step in the direction of destruction of destruction E
of caste structure which in turn would advance the secular character
of the Nation. This approach seeks to translate into reality the twin

- constitutional goals : one, to strike at the perpetuation of the caste
stratification of the Indian Society so as to arrest progressive move·
ment and to take a firm step towards establishing a casteless society;
and two, to progressively eliminate poverty by giving an opportunity F
to the disadvantaged sections of the society to raise their position
and be part of the mainstream of life which means eradication of
poverty.

Let me make abudantly clear that this approach does not deal G
with reservation in favour of Scheduled Castes and Scheduled Tribes.
Thousands of years of discrimination and exploitation cannot be
wiped out in one generation. But even here economic criterion is
worth applying by refusing preferred treatment to those amongst
ff:
(I)G. Shah !PW January 17, 1983.
(1) Upendra Baxi, Vice-Chanceller, South Gujarat University, in •Caste,
Class and Re•ervations : A Rejoinder to Ghansham Shah.
392 i· ' SiiPREMB ci>URT REPORTS,· !198S) SUPPL. S.C.I\.
\
'
them who have already benefitted by it and improved their position.
A And finally reservation must have a time span otherwise concessions
tend to become :vested interests. This is not a judgment in a lis in
adversary system. ·When the arguments concluded, a statement was
made that the Government of State of Karanataka would appoint a
Commission to determine constitutionally sound and nationally
acceptable criteria for identifying socially and educationally backward
n classes of citizens for whose benefit the State actiori'would be taken.
This does not purport to be an exhaustive essay ·on guidelines but
may point· to some . extent, the direction in v•hich the proposed
Commission should move.

C CHINNAPA REDDY, 1. Over three decades have passed since we
promised ourselves "justice, social, aconomic. and political" and
"equality of status and opportunity". Yet, even today, . we find
members of castes, communities, classes or by whatever name you
may describe them, jockeying for position, trying to- elbow each other
out, and, viewing with one another to be named and recognised as
D 'socially and educationally backward classes', to quality for the 'pri-
vilege' of the special provision for advancement and the provision
for reserVation that may be made under Art. 15(4) & 16(4) of the
Constitution. The paradox of the system of reservation is that it
has engendered a spirit of self denigration among the people. Now-.
E. here else in the world do castes, classes or communities queue up for
the sake of gaining the backward statue. Nowhere else in the world
is there competition to assert backwardness and to claim 'we .are
more backward than you'. This iS. an unhappy and disquieting situa-
tion, but it is stark reality. Whatever gloss one may like to put
upon it, it .is clear from the . rival claims in these appeals .and writ
F petitions that the real contest here is between certain members of two
premier (population-wise) caste-community-classes of Karnataka, the
· . Lingayats and the Vokkaligas, each claiming that the other is not a
'·socially and educationally backward class and each keen to be inclu-
ded in the list of socially and educationally backward clasiies. To
G them, to be dubbed a member of the socially and educationally back-
w3.fd classes is a passport for entry into professional colleges and
State services ; so they jostle with .eaeh other and in .the bargain,
some time they keep out and some times they usher in some of those
entitled t\) legitimate entry, by competition or by reservation. · Com-
H ___ missions have been appointed in the past to identify the backward
classes, Governments have considered the reports 'of the commissions,
and Courts have scrutinised the decisions of Governments; Cases have •
reached the Court too, then and 'now again. Once more we are told
K.c.v. KUMAR v. KARNATAKA (Chinnappa Reddy, J.) 393

that the State of Karnataka is ready to appoint another commission
and they have asked us will you kindly lay down some guidelines?" A
Ours is a country of great economic, social and cultural diver·
sity. Often we take great pride in the country's cultural diversity.
While cultural diversity adds to the splendour of India, the others
add to our sorrow and shame. The social and economic disparties 8
are indeed despairingly vast. The Scheduled Castes, the Scheduled
Tribes and the other socially and educationally backward classes, all
of whom have been compendiously described as 'the weaker sections
of the people' have long journeys to make society. They need aid ;
they need facility ; they need launching ; they need propulsion. Their
needs are their demands. The demands are matters of right and not C
of philanthropy. They ask for parity, and not charity. The days of
Dronacharya and Ekalavya are over. They claim their constitutional
right to equality of status and of opportunity and economic and
social justice. Several bridges have to be erected so that they may
cross the Rubicon. Professional education and employment under D
the State are thought to be two such bridges. Hence the special pro·
vision for advancement and for reservation under Arts. 15(4) and
16(4) of the Constitution.

Before we attempt to lay down any guidelines for the benefit of
E
the Commission proposed to be appointed by the Karnataka Govern-
ment, will do well to warn durselves and the proposed Commission
against the pitfalls of the 'traditional' approach towards the question
of reservation for Scheduled Castes, Scheduled Tribes and other back-
ward classes which has generally been superior, elitist and, therefore,
ambivalent. A duty to undo an evil which had been perpetrated F
through the generations is thought 'to betoken a generosity and far-
sightedness that are rare among nations'. So a superior and patro-
nising attitude is adopted. The result is that the claim of the Sche·
duled Castes and Scheduled Tribes and other backward classes to
equality as a matter of human and constitutional right is forgotten G
and their rights are submerged in what is described as the 'proferen-
tial principle' or 'protective or compensatory discrimination', expres·
sion borrowed from American jurisprudence. Unless we get rid of
these superior, patronising and paternalist attitudes, what the French
Call Le mentalite hierarchique, it is difficult to truly appreciate the H
problems involved in the claim of the Scheduled Castes, Scheduled
Tribes and other backward classes for their legitimate share of the
benefits arising out of their belonging to humanity and to a country
394 SUPREME COURT REPORTS (1985) SUPPL. s.c.R.

whose constitution preaches justice, social, economic and political
A and equality of status and opportunity for all.

One of the results of the superior, elitist approach is that the
question of reservation is invariably viewed as the conflict between
the meritarian principle and the compensatory principle. No, it is
not so. The real conflict is between the class of people, who have
B
never been in or who have already moved out of the desert of poverty,
illiteracy and backwardness and are entrenched in the oasis of con·
venient living and those who are still in the desert and want to reach
the oasis. There is not enough fruit in the garden and so those who
are in, want to keep out those who are out. The disastrous conse·
c quences of the so·called meritarian principle to the vast majority of
the under-nourished, poverity·stricken, barely literate and vulnerable
people of our country are 100 obvious to be stated. And, what
is merit ? There is no merit in a system which brings about such
consequences. Is not a child of the Scheduled Castes, Scheduled
Tribes or other backward classes who has been brought up in an
D atmosphere of penury, illiteracy and anti-culture, who is looked
down upon by tradition and society, who has no books and magaiines
to read at home, no radio to listen, no T.V. to watch, no one to help
him with his home work, who goes to the nearest local board school
and college, whose parents are either illiterate or so ignorant and
E illinformed that he cannot even hope to seek their advice on any
malter of importance, a child who must perforce trudge to the
nearest public reading room to read a newspaper to know what is
happening in the world, has not this child got merit if he, with all
his disadvantages is able to secure the qualifying 40% or 50% of the
marks at a comp~titive examination where the childern Qf the upper·
F classes who have all the advantages, who go to St. Paul's High
School and St. Stephen's College, and who have perhaps beei;i
specially coached for the examination may secure 70, 80 or even 90%
of the marks? Surely, a child who has been able to jump so many
hurdles may be expected to do better and better as he progresses in
G life. If spring flower he cannot be, autumn flower he may be. Why
than, should he be stopped at the threshold on an alleged meritarian
principle? The requirements of efficiency may always be safeguarded
by the prescription of minimum standards. Mediocrity has always
triumphed in the past in the case of the npper classes. But why
H should the so-called meritarian principle be put against mediocrity
when we come to Scheduled Castes, Scheduled Tribes and backward
classes?
11!.c.v. KUMAR v. KARNATAKA (Chinnappa Reddy, I.) 395

Effiiciency is very much on the lips of the privileged whenever
reservation is mentioned. Efficiency, it seems, will be impaired if the A
total reservation exceeds 50 per cent; efficiency, it seems, will suffer
if the 'carry forward' rule is adopted; efficiency, it seems, will be
injured if the rule of reservation is extended to promotional posts.
From the protests against reservation exceeding 50 per cent or
extending to promotional posts and against the carry·forward rule, B
one would think that the civil service is a Heavenly Paradise into
which only the archangels, the chosen of the elite, the very best may
enter and may be allowed to go higher up the ladder. But the truth
is otherwise. The truth is that the civil service is no paradise and
the upper echelons belonging to the chosen classes are not necessarily
models of efficiency. The underlying assumption that those belonging c
to the upper castes and classes, who are appointed to the non-reserved
posts will, because of their prernmed merit, 'naturally' perform better
than those who have been appointed to the reserved posts and that
the clear stream of efficiency will be polluted by the infiltration of the
latter into the sacred precincts b a vicious assumption, typical of the
D
superior approach of the elitist classes. There is neither statistical
basis nor expert evidence to support these assumptions that effi·
ciency will necessarily be impaired if resarvation exceeds 50 per cent,
if reservation is carried forward or if reservation is extended to
promotional osts. Arguments are advanced and opinions are
expressed entirely on an ad hoc presumptive basis. The age long E
contempt with which the 'superior' or 'forward' castes have treated
the 'inferior' or 'backward' casts is now transforming and crystallis•
ing itself into an unfair prejudice, conscious and sub-conscious, ever
since the 'inferior' casts and classes s~arted claiming their legitimate
share of the cake, which naturally means, for the 'superior' castes
parting with a bit of it. Although in actual practice their virtual
F
monopoly on elite occupations and posts is hardly threatened, the
forward castes are nevertheless increasingly afraid that they migth
lose this monopoly in the higher ranks of Government service and
the profession. It is so difficult for the 'superior' castes to under·
stand and rise above their prejudice and it is so difficult for the G
inferior castes and classes to overcome the bitter prejudice and oppo·
sition which they are forced to face at every stage. Always one

• hears the word 'efficiency' as if it is sacro-sanct and the sanctorum
has to be fiercely guarded. 'Efficiency' is not a mantra which is
whispered by the Guru in the Sishya's ear. The mere securing of
high marks at an examination may not necessarily mark out a good
H
396 SUPREME COURT REPORTS (1985) SUPPL. S.C.R,

administrator. An efficient administrtor, one takes it, must be one
A who possesses among other qualities the capacity to understand with
sympathy and, therefore, to tackle bravely the problems of a large
segment of populatin constituting the weaker sections of the people.
And, who better than the ones belonging to those very sections? Why
not ask ourselves why 35 years after indpendence, the position of the
Scheduled Castes, etc. has not greatly improved? Is it not a legiti·
B
mate question to ask whether things might have been different, had ·
the District Administrators and the State and Central Bureaucrats
been drawn in larger numbers from these classes? Courts are not
equipped to answer these questions, but the courts may not interfere
with the honest endeavours of the Government to find answers and
c solutions. We do not mean to say that efficiency in the civil
service is unnecessary or that it is a myth. All that we mean to say is
that one need not make a fastidious fetish of it. It may be that for
certain posts, only the best may be appointed and for certain courses
of study only the best may be admitted If so, rules may provide for
reservations for appointment to such posts and for admission to such
D courses. The rules may provide for no appropriate method of
selection. It may be that certain posts require a very high degree of
skill or efficiency and certain courses of study require a high degree
of industry and intelligence. If so, the rules may prescribe a high
minimum qualifying standard and an appropriate method of
E selection. Different minimum standards and different modes of
selection may be prescribed for different posts and for admission to
different courses of study having regard to the requirements of the
posts and the courses of study. No one will suggest that the degree
of efficiency required a cardiac or a ncuro·surgeon is the same as
the degree of efficiency required of a general medical practitioner.
F Similarly nu will suggest that the degree of industry and intelligence
expected of a candidate seeking admission to a research degree
course need be the same as that of a candidate seeking admission to
an ordinary arts degree course. We do not, therefore, mean to say
that effiiciency is to be altogether discounted. All that we
G mean to say is that it cannot be permitted to be used as a camouflage
to let that upper classes take advantage of the backward classes in its
name and to monopolise the services, particularly the higher posts
and the professional institutions. We are afraid we have to rid our
minds of many cobwebs before we arrive at the core of the problem.
H The quest for equality is self elusive, we must lose our illusions,
though not our faith. It is the dignity of man to pursue the quest
for equality. It will be advantageous to quote at this juncture R.H.
Tawney in his classic work equality where he says.
K.c.v. KUMAR v. KARNATAKA (Chinnappa Reddy, J.) 397

"The truth is that it is absurd and degrading for men
to make much of their intellectual and moral superiority A
to each other and still more of their superiority in the
arts which bring wealth and power, because, judged by
their place in any universal scheme, they are infinitely
great or infinitely small...... The equality which all these
thinkers emphasise as desirable is not equality of capacity B
or attainment, but of circumstances, and institutions, and
manner of life. The equality which they deplore is not
the inequality of personal gifts, but of the social and
economic environment... ...Their views, in short, is that,
because men are men, social institutions-property rights,
and the organisation of industry, and the system of public C
health and education- should be planned, as far as is
possible to emphasise and strengthen, not the class
differences which divide but the common humanity
which unite, them ........ "

But the controversy between the meritarian and the compensa- D
tory principles cannot be allowed to cloud the issues before us. An
intelligible consequence of the fundamental rights of equality before
the law, equal protection of the laws, equality of opportunity, etc.,
guaranteed to all citizens under our Constitution is the right of the
weaker sections of the people to special provision for their admission
E
into educational institutions and representation in the services.
Appreciating the realities of the situation, and least there by any
1nisapprehension, the Constitution has taken particular care to
specially mention this right of the weaker sections of the people in
Arts. 15(4) and 16(4) of the Constitution. In view of Arts. 15(4) and
16(4), the so-called controversy between the meritarian and com- F
pensatory principles is not of any great significance, though, of
course, we do not suggest efficiency should be sacrificed. The
question really is, who are the scheduled castes, scheduled tribes and
backward classes, who are entitled to special provision and reserva-
tion in regard to admission into educational institutions and repre-
sentation in the services. So far as Scheduled Castes and Scheduled
G
Tribes are concerned, the question of their identification stands
resolved by the notifications issued by the President under Part XVI
of the Constitution. The problem is only in regard to the identifiica-
tion of the other socially and educationally backward classes. The
question really is how to identify these backward classes to entitle
II
them to entry through the doors of Arts. 15(4) and 16(4). And, the
further question, naturally, is about the limits of reservation.
398 SUPREME COURT REPORTS [1985] mPPL. s.c.R.

We are afraid the courts are not necessarily the most competent
A to identify the backward classess or to lay down guidelines for their
identification except in broad and very general way. We are not
equipped for that; we have no legal barometers to measure social
I
backwardness. We are truly removed from the people, particularly
those of the backward classes, by layer upon layer of gradation and
B degradation. And, India is such a vast country that conditions vary
from State to State, region to region, district to district and from one
ethnic religious, linguistic or caste group to another. A test to
identify backward classes which may appear appropriate when applied
to one group of people may be wholly inappropriate and unreason-
able if applied to another group of people. There can be no universal
c test; there can be no exclusive test; there can be no conclusive test.
In fact, it may be futile to apply any rigid tests. One may have to
look at the generality and the totality of the situation.

We do generally understand what we mean when we talk of the
D richer classes, the poorer classes, the upper middle class, the lower
middle class, the ruling class, the privileged class, the working class,
the exploited classes, etc. etc. In what sense is the word 'classes'
used in Art. 15(4) and in Art. 16(4) of the Constitution? What is the
meaning of the expression 'socially' and 'educationally backward
E classes'? What does backwardness consist in? To have a clear under-
standing of what is meant by 'backwardness', 'backward classes'
and 'socially and educationally backward classes', we must have an
idea of what social inequality is about. Max Weber gives us a three
dimensional picture of social inequality. According to Weber, the

F
three dimensions are class, status and power. A person's class-situation,
in the Weber sense, is what he shares with others, similarly placed
.,...
in the process of production, distribution and exchange, a defini-
tion of class which is very near to that of the Marxist conception.
The inequality of class dtpends primarily on inequality of income and
to some extent on an equal opportunity for upward mobility. A
G persen's class, according this definition, is bis >hared situation in the
economic hierarchy. Status, the second of Weber's three dimensions
is generally determined by the style of consumption, though not
necessarily by the source or amount of income. An imr-overised
aristocrat is sometimes sought after by the nouveau riche. A desk
H worker considers himself superior to a manual worker. A profes-
sional like a docter or a lawyer is thought to be of superior status
than those belonging to several other walks of life. Status seems to
K,C.V. KUMAR v. KA"NATAKA (Chinnappa Reddy, J.) 399

depend on social attributes and styless of life, including dress, speech,
occupation, etc., on what R.H. Tawney describes as 'the tedious A
vulgarities of income and social position.' Similarly, class and status
are not contemporeaneous with power, though power and class can
often be sen to be closely connected. Power is participation in the
decision making process but those who wield power are not necessa-
rily the best paid nor the most respected. But, it is now obvious
B
even to the most superficial observer that social and political power is
wielded in innumerable unseen ways by those who control economic
power. Political power is remorselessly manipulated by economic
power. We, therefore, see that everyone of the three dimensions
propounded by Weber is intimately and inextricably connected with
economic position. However, we look at the question of 'backward· c
ness', whether from the angle of class, status or power, we find the
economic factor at the bottom of it all and we find poverty, the
culprit-cause and the dominant characteristic. Poverty, the econo-
mic factor brands all backwardness just as the erect posture brands
the homosapiens and distinguishes him from all other animals, in the
[)
eyes of the beholder from Mars. But, whether his racial stock is
Caucasian, Mongoloid, Negroid, etc., further investigation will have
to be made. So too the further question of social and educational
backwardness requires further scrutiny. In India, the matter is
further aggravated, complicated and pitilessly tyrannised by the
ubiquitous caste system, a unique and devastating system of grada· E
lion and degradation which has divided the entire Indian and parti·
cularly Hindu society horizontally into such distinct layers as to be
destructive of mobility, a system which has penetrated and corrupted
·····Ii
the mind and soul of every Indian citizen. It is a notorious fact
that there is an upper crust of rural society consisting of the superior
castes, generally the priestla, the landlord and the merchant castes, F
there is a bottom strata consisting of the 'out-castes' of Indian Rural
Society, namely the Scheduled Castes, and, in between the highest
and the lowest, there are large segments of population who because
of the Jaw gradation of the caste to which they belong in the rural
society hierarchy, because of the humble occupation which they G
pursue,bccause of their poverty and ignorance are also condemned to
backwardness, social and educational, backwardness which prevents
them from competing on equal terms to catch up with the upper
crust.

Any view of the caste system, class or cursory, will at once
ff
reveal the firm links which the caste system has with eeonomic power.
Land and learning, two of the primary sources of economic power in
400 SUPREME COURT REPORTS (1985) SUPPL. S.C,R.

India, have till recently been the monopoly of the superior castes.
A Occupational skills were practised by the middle castes and in the
economic system prevailing till now they could rank in the system
next only to the castes constituting the landed and the learned gentry.
The lowest in the hierachy where those who were assigned the
meanest tasks, the out-castes who wielded no economic power. The
position of a caste in rural society is more often than not mirroned
B in the economic power wielded by it and vice versa. Social hierarchy
and economic position exhibit an undisputable mutuality. The lower
the caste, the poorer its members. The poorer the members of a
caste lower the caste. Caste and economic situation, reflecting each
other as they do are the Deus ex-Machina of the social status
c occupied and the economic power wielded by au individual or class
in rural society. Social status and economic power are so woven
and fused into the caste system in Indian rural society that one may
without hestitation, say that if poverty be the cause, caste is the primary
index of social backw1rdness, so that social backwardness is often
readily identifiable with reference to a person's caste. Such we must
D recognise is the primeval force and omnipresence of caste in Indian
Society, however, much we may like to wish it away. So Sadly and
oppressively deep-rooted is caste in our country 1hat it has out
across even the barriers of religion. The caste system has penetrated
other religious and dissentient Hindu sects to whom the practice of
E caste should be anathema and today we find that practitioner of
other religious faiths and Hindu dissentients are rnme times as rigid
adherents to the system of caste as the conservative Hindus. We find
Christian harijans, Christian Madars, Christian Reddys, Christian
Kammas, Mujbi Sikhs, etc. etc. In Andhra Pradesh there is a
J
community known as Pinjaras or Dudekulas (known in the North as
F 'Rui Pinjane Wala') : Professional cotton-beaters) who are really
Muslims, but are trated in rural society, for all practical purposes,
as a Hindu. caste Several other instances may be given.
Shared situation in the economic hierarchy, caste gradation,
occupation, habitation, style of consumption, standard of literarcy
and a variety of such other factors appear to go to made towards
G social and educational backwardness. In some situations and indead
quite often, social investigator may easily be able to identify a whole
caste group as a socially and educationally backward class; he may
readily recognise people living in certain areas, say mountainous,
desert or forest regions, as socially and educ•tio.1a//y backward classes;
H
he may freely perceive those pursuing certain 'Lowly' accupalions as
social/y and educatbnally backward classes: he may' without difficulty,
distinguish the l'ery poor and the destitute as socially and educatiana//y
i!.c.v. KUMAR v. &:ARNATAIC:A ( Chinnappa Reddy, J.) 401

backward classes. The social investigator may be able to do all this
by field-reasearch, 1tudy, ob>ervation, collection and interpretation A
of data, application of common though not rigid standards. We
will refer to these aspects of the question later in our judgment.

With these prefatory, general observations, we may now refer
to the relevant Constitutional provisions. Part XVI of the Constitu·
tion concerns itself with "Special provisions relating to certain B
classes". The classes in regard to which the constitution-makers
thought fit to make special provision are the Scheduled Caste, the
Scheduled Tribes, the Anglo-Indian community and the socially and
educationaliy backward classes.
c
Articles 330 and 332 provide for reservation of seats for Sche·
duled Castes and Scheduled Tribes in the House of the People and
the Legislative Assembles of the State. Articles 331 and 333 provide
for representation of the Anglo-Indian Community in the House of
the People and the Legislative Assemblies of the States. Article 334
provides that the reservation and special representation are to cease D
after 30 years. There is no reservation or special representation for
socially and educatonally backward classes either in the House of the
People or in the Legislative Assemblies of the State.

Article 335 imposes a constiutional obligation to take into
E
consideration the claims of members of the Scheduled Castes and
Scheduled Tribes, in the making of appointments to the services and
posts in connection with the affairs of the Union or of the States,
consistently with the maintenance of efficiency of administration.
Articles 336 and 337 make certain special provisions fo; the Anglo·
Indian Community in certain services and with respect to educational F
grants for the benefit of that community. Article 341 empowers the
President, with respect to any State (after consultation with the
Governor) or Union Territory, to specify, by public notification, the
castes, the races or tribes or parts or groups within castes, races or
tribes which shall, for the purposes of the Constitution, be deemed to
be Scheduled Castes in relation to that State or Union Territory as
G
the case may be. A notification so issued by the President is not to
be varied by any subsequent notification, but may only be varied by
law, made, by Parliament. Article 342 makes a similar provisions
t with respect to Scheduled Tribes.
H
Article 340 empowers the President to appoint a commis·
sion to investigate the conditions of socially and educational·
402 SUPRBMll COURT REPORTS (1985] SUPPL. s.c.R.

ly backward classes within the territory of India and the difficultiel
A under which they labour and to make recommendations as to the
steps that should be taken by the Union to remove such difficulties
and to improve their conditions and as to the grants that should
be made for that purpose by the Union or by the State. The report
of the Commission which is to set out the facts and make
recommendations is required to be laid before each House of
B Parliament, together with a memorandum cxplainini: the action taken
thereon.

Article 338 enjoins the appointment of a special officer for the
Scheduled Tribes by the President whose duty is to investigate all
c matters relating to the safeguards provided for the Scheduled Castes
and Schedled Ttribes under the Constitution and to report to the
President upon the working of those safeguards at such intervals as
may be directed by the President. The reports are to be laid before
each House of Parliament. Article 338(3) expressly provides that
under Art. 338 references to the Scheduled Castes/Scheduled Tribes
D shall be construed as in including references to such other backward
classes as the President may on receipt of the report of a Commission
appointed under Art. 340(1). specify and also the Anglo·Indian com·
munity.

E Thus, while there is a special provi,ion for reservation of scats
for Scheduled Castes and Scheduled Tribes in the House of the
People and the Legislative Assemblies of the States and a provision
for the representation of the Anglo-Indian Community in the
House of the People and the Legislative Assemblies of the States,
there is no such provision for reservation of seats for or reservation
F socially and educationally backward classes in the House of the
People or the Legislative Assemblies of the States. Again, while under
Art. 335, there is a constitutional obligation to consider the claims
of the members of the Scheduled Castes and Scheduled Tribes in
G
the making of appointments to services and posts in connection with
the affairs of the Union and the States and there is a special provi-
sion for the Anglo-Indian Community in certain services for a limited
-
period. There is no corresponding provision for the socially and
educationally backward claHes. But there is a provision under Art.
340 of the Constitution for the appointment of a Commission to
H investigate the conditions of socially and educationally backward
classes and to rer;ommend th~ steps to be taken to ameliorate such
conditions,
11!.c.v. KUMAR f. KARNATAKA (Chlnnappa Reddy, J.) 403

- Article 14 of the Constitution, stated in positive language,
guarantees to every person equality before the law and eqnal protec-
tion of the laws, Article 15(1) prohibits the State from discriminat-
ing against any citizen on grounds only of religion, race., caste, sex,
A

place of birth or any of them. Article 22(2) similarly prohibits the
denial of admission into any educational institution maintained by
the State or receiving aid out of State funds on grounds only of B
religion, race, caste, language or any of them. While Art. · 15(3)
States that nothing in Art. 15 shall prevent the State from making
any special provision for women and children, Art. 15(4) provides,
"Nothing in this Article or in clause (2) of Art. 29 shall prevent the
State from making and special provision for the advancement of any
socially, educationally backward classes of citizens or for the Sched- c
led Castes or Scheduled Tribes." Art. 16 deals with equality of
opportunity in matters of public employment. -Art. 16( I) provides
that there shall be equality of opportunity in matters relating employ-
ment or appointment to any office under the State, and Art. 16(2)
prohibits discrimination on grounds only of religion, race, caste, sex, D
descent, place of birth, residenceor any of them. Art. 16(4) States,
"nothing in this Article shall prevent the State from making any
provision for the reservation of appointments or posts in favour of
any backward class of citizens which, in the opinion of the State,
is not adequately represented in the services under the State. We
are primarily concerned in this case with the question as to who are E
socially and educationally backward classes of citizents mentioned in
Art. 15(4) and the backward class of citizens, not adequately repre-
sented in the services under the State mentioned in Art. 16(4).

We see that while Art.15(4) contemplates "special provision for F
the advancement of any socially and educationally backward classes
of citizens or for the Scheduled Castes and the Scheduled Tribes",
Art. 16(4) speaks of ''provision for the reservation of appointments
or posts in favour of any backward class of citizens which, in the
opinion of the State is not adequately represented in services under
the State"- Now, it is not suggested that the socially and edu-
G
cationally backward classes of citizens and the Scheduled Castes and
the Scheduled Tribes from whom special provision for advancement
is contemploted by Art. 15(4) are distinct and separate from the back-
ward classes of citizens who are adequately represente1 in the
B
services under the State for whom reservation of posts and appoint-
ments is contemplated by Art. 16(4). 'The backward classes of citizens'
referred to in Art. lli(4), desvite the short description, are the same
404 SUPRllME COURT REPORTS [1985) 5UPPL. s.c.R.

as 'the socially and edncationally backward clasies of citiJeni and the
A scheduled castes and the Scheduled Tribes', 10 fully described in
Art. 15(4): Vide Tri!okinath Tiku v. State of Jammu and Kashimir
and other cases. However, for the purposes of Art. 16(4) it is further
necessary that the Backward classes should not be adequate in the
services. Again, and quite obviously, 'special provision for advance-
ment' is a wide expresston and may include many more things
B
besides 'mere reservation of seats in colleges.' It may be by way of
financial asssistance, free medical, educational and hostel facili-
ties, scholarships, free transport, concessional or free housing,
exemption from requirements insisted upon in the case of other
classes and so on. We are not, for the time being, concerned with
c the mode advancement, other than reservation of seats in colleges,
we observe that under Art. 16(4), reservation is to be made to benefit
those backward classes, who in the opinion of the Government arc
not adequately represented, in the services. Reservation must, there-
fore, be aimed at securing adequate representation. It must follow
that the extent of reservation must match the inadequacy of re-
D presentation. There is no reason why this guideline furnished by the
Constitution itself should not also be adopted for the purpose• of
Art. 15(4) too. For example, the extent of reservation of seats in
professional colleges may conveniently be determined with reference
to the inadequacy of representation in the various profession.
E Similarly, the extent of reservation in other colleges may be deter-
mind with reference to the inadequacy in the number of graduates,
etc. Naturally, if the lost ground is to be gained, the extent of
reservation may even have to be slightly higher than the percentage
of population of the backward classes.

F Since these questions are not altogether res integra, it will be
useful to refer to a few of the earlier opinions of this Court touching
upon this question.

Until Thomas(') caame on the scene, Balaji(') was considered
G by many as the magnum opus on reservations. Balaji was also a case
from Karantaka. The very first sentence of the judgment of a Gajen-
dragadkar, J.. is a revelation of the frustrating task that the Govern-
ment of Karnataka has been undertaking these several years. The
first sentence says : "Since 1958, the Stat~ of Mysore has been
H
(I) [1976] l S.C.R. 906.
(2) [19631 Snppl. 1 S.C.R,4 39,
11:.c.v. KUMAR v. KARNATAKA (Chinnappa RtJpy, J.) 405

endeavouring to make a special provision for the advancement of the
socially and educationally backward classes af citizens in the State A
of Mysore under Art. 15(4) of the Constitution and every time when
an order is passed in that behalf, its validity has been challenged by
writ proceedings. Four previous orders passed in that behalf were
challenged by writ proceedings taken against the State under Art.
226". Balaji was concerned with the question of the validity of the
B
reservation made under Art. 15(4) of the Constitution in regard to
admission to the medical colleges of the Mysore and Karnataka
Universities. 28 per cent of the seats were reserved for Backward
Classes so-called, 20 percent for more Backward classes, 15 per cent
for Scheduled Castes and 3 per cent for Scheduled Tribes, making a
total of 58 per cent of the seats available for the reserved category c
only and 32 per cent for the general category, described in the judg·
ment as "merit pool". The reservation was generally made on the
basis of the report of the Nagao Gowda Committee appointed by the
State Government. The court found that the Committee approached
the problem of enumerating and classifying these socially and edu· [)
cationally backward communities on the basis that social backward·
ness depended substantially on the caste to which the community
belonged, though it recognised that economic condition may be a
contributing factor. According to the court, the Committee virtually
equated 'classes' with castes'. The court observed that in dealing
with the question as to whether any class of citizens were socially E
backward or not, it might not be irrelevant to consider the caste of
the said citizens but the importance of caste should not be exaggera-
ted. It was observed that caste could not be made the sole or
dominant test to determine the social backwardness of group or
classes of citizens. It was noted that social backwardness was in the
ultimate analysis the result of poveny, to a very large extent. It was F
also noticed that the occupation of citizens might also contribute to
make classes of citizens socially backward. As the Nagam Gowda
Committee had adopted the caste test as the predominant test, if not
the sole lest, without regard to the other factors which were un·
doubtedly relevant, the court expressed the view the classification G
made by the Committee of socially backward communities was
invalid. In passing, at one place, it was remarked that the Backward
Classes of citizens for whom special provision was authorised to be
made, were treated by Art. 15(4) itself, as being similar to the Schedu-
led ~astes and Tribes. It was observed that the Backward Classes H
were 10 the mat~ers of their backwardness comparable to Scheduled
Castes and Tribes. Based on these observations and the juxta
406 SUPREME COURT REPORTS [198$1 SUPPL. s.c.R.

position of the expressions Scheduled Castes, Scheduled Tribes and
A socially and educationally backward classes in Art. 15 and Art. 338,
it was suggested by the learned counsel for the petitioner that the
socially backward classes of people were those whose status and
standard of living was very much the same as those of the Scheduled
Castes and Scheduled Tribes. We do not think that these observa-
tions were meant to lay down any proposition that the socially
B Backward Classes were those classes of people, whose conditions of
life were very nearly the same as those of the Scheduled Castes and
Tribes. We say so first because of the inappropriateness of applying
the ordinary rules of statutory interpretations to interpret constitu-
tional instruments which are sui generies and which deal with situa-
c tions of significance and consequence. It is not enough to exhibit a
Marsballian awareness tbat we are expounding a Constitution; we
must also remeber that we are expounding a Constitution born in
the mid-twentieth century, but of an anti-imperialist struggle, influ-
enced by Constitutional instruments, events and revolutions else-
where, in search of a better world, and wadded to the idea of justice,
D economic, social and political to all. 3ucb a Constitution must be
given a generous interpretation so as to give all its citizens the full
measure of justice promised by it. The expJsitors of the Constitu·
tion are to concern themselves less with mere words and arrangement
of words than with the philosophy and the prevading 'spirit and
E sense' of the Constitution, so elaborately exposed for our guidance
in the Directive Principles of State Policy and other provisions of the
Constitution. Now, anyone acquainted with the rural scene in India
would at once recognise the position that the Scheduled Castes
occupy a peculiarly degraded position and are treated, not as persons
of caste at all, but as outcastes. Even the other admittedly backward
classes shun them and treat them as inferior beings. It was because
F
of the special degradation to which they had been subjected that the
Constitution itself bad to come forward to make special provision
for them. There is no point in at I empting to determine the social

G
backwardness of other classes by applying the test of nearness to the
conditions of existence of the Scheduled Castes. Such a test would
...
practically nullify the provision for re>e>vation for socially and
educationally Backward Classes other than Scheduled Castes and
Tribes. Such a test would perpetuate the dominance of the existing
upper classes. Such a test would take a substantial majority of the
H classes who are between the upper classes and the Scheduled Castes
and Tribes out of the category of backward classes and put them at
a permanent disadvantage. Only the 'enlightened' classes of body
will capture all the 'open' posts and seats and the reserved posts and
it.c.v. KUMAR v. KARNATAKA (Chinnappa Reddy, J.) 407

scats will go to the Scheduled Castes and Tribe& and those very near
the Scheduled Castes and Trites. The bulk of those behind the A
'enlightened' classes and ahead of the near Scheduled Castes and
Tribes would be left high and dry, with never a chance of imposing
themselves.

Earlier we mentioned that poverty was regarded by the Court
as the prime cause of social backwardness. It was said at page 460, B
"Social backwardness is on the ultimate analysis the result of poverty,
to a very large exent. The classes of citizens who are deplorably
poor automatically become socially backward. They do not enjoy a
status in society and have, therefore, to be content to take a hack·
ward seat. Tt is true that social backwardness which results from
poverty is likely to be aggravated by considerations of caste to which
c
the poor citizens may belong, but that only shows the releveance of
both caste and poverl) in dt!lermining the backward11ess of citizens".
We only add that there is an overpowering mutuality between
poverty and caste on the Indian scene. Again, referring to some
scheme formulated by the Maharashtra Government for financial D
assistance the Court observed, "However, we may observe that if
any State adopts such a measure, it may afford relief to and assist
the advancement of the Backward Classes in the State, because
backwardness social and educatio1al, in ultimately and primarily due
to poverty". Recognising poverty as the true source of the evil of E
social and economic backwardness and caste as a relevant factor in
determining backwardness, the Court also noticed occupation and
habitation as two other important contributing factors and finally
stressed the need for a penetrating investigatinon. It was said,

"The occupations of citizens may also contribute to F
make classes of citizens socially backward. There are
some occupations which are treated as inferior according
to conventional beliefs and classes of citizens who follow
these occupations are apt to become socially backward.
The place of habitation also plays not a minor part in
determining the backwardness of a community of persons. G
In a sense, the problem of social backwardness is the pro-
blem of Rural India and in that behalf, classes of citizens
occupying a socially backward position in rural area fall
within the purview of Art. 15(4). The problem of deter•
mining who are socially backward classes is undoubtedly H
very complex. Sociological, social and economic consi·
derations come into play in solving the problem and
408 SUPREME COURT REPORTS [1985] SUPPL• s.c.il.

evolving proper criteria for determining which classes are
A socially backward is obviously a very difficult task. It will
need an elaborate investigation and collection of data •
and examining the said data in a rational and scientific
way".

The Balaji Court then proceeded to consider the question of
B educational backwardness. The Nagan Gowda Committee had dealt
with the question on the basis of the average of the student popu·
lation in the last three High school classes of all High Schools in the
State in relation to a thousand citizens of that community. The
Committee was of the view that all castes whose average was less
c than the State average should be regarded as Backward communities
and those whose average was Jess than 50 per cent of the State
average should be regarded as More Backward. The Court took
the view that the adoption of the test of the last three High School
classes might be a little high. but even if it was not considered high,
it was not right to treat communities which were just below the State
D average as backward. There c~n be divergence of views on this
question. Where the State average itself is abysmally low, there is
no reason why classes of people whose average was slightly above,
or very near, or just below the State average, should be excluded
from the list of Backward Classes. The adoption of the State
E average or the 50 per cent of the State average test might lead to
quite arbitrary results and this surely cannot be a matter in which
the court should try to impose its views.

In fact while observing : "if the test has to be applied by a
reference to the State average of student population, the legitimate
view to take would be that the classes of citizens, whose average is
well or subJtantially below the State average, can be treated as edu·
cationally backward," the court also observed, ' On this point again
we do not propose to lay down any hard and fast rule; it is for the
State to consicjer the matter and decide in a manner which is con·
sistent with the requirements of Art. 15(4)".
G
It was also observed in Balaji that the sub-classification made
by the reservation order between Backward Classes and More Back·
ward Classes did not appear to be justified under Art. 15( 4) as it
H appeared to be a measure devised to benefit all the classes of citizens
who were less advanced when compared with the most advanced
classes in the State, and that was not the scope of Art. 15(4). A
result of the sub-classification was that nearly 90 per cent of the
K.c.v. KUMAR v. KARNATAKA (Cizinnappa Reddy, J.) 409

population of the State was treated as backward. The propriety of
such a course may be open to question on the facts of each case, but A
we do not see why on principle there cannot be a classification
into Backward Classes and More Backward Classes, if both Classes
are not merely a little behind, but far far behind the most
advanced classes. In fact such a classification would be necessary
to help the More Backward Classes; otherwise those of the Backward B
Classes· who might be a little more advanced than the More Back-
ward Classes might walk away with all the seats, just as, if reservation
was confined to the More Backward Classes and no reservation was
made to the slightly more advanced Backward Classes the most
advanced Classes would walk away with all the seats available for the
general category leaving none for the Backward Classes. All that we C
can say is that sub-classification may be permissible if there are
classes of people who are definitely far behind the advanced classes
but ahead of the very backward classes.

One may say the same thing about the adoption of the average D
of the student population in the last three High School Classes of all
High Schools in the State in relation to a thousand citizens of that
community as the basis for assessing relative Backwardness. Balaji
thought it was a little high but surely other views are possible. In
fact considering the wide spread of elementary education, one would E
think the basis should be pushed up higher. Having regard to the
availability of elementary schools in rural areas, more and more
boys of the backward Classes may become literate. But it is a long

- way from ceasing to be educationally backward. As one goes up class
by class it as a notorious fact that there are more 'drop·outs' from the
boys of the backward classes than from the boy of the forward
classes. The adoption of a lower basis to assess educational back-
F

wardness may give a wholly false picture. After all, if one is consi-
dering the question of admission to professional colleges or of
appointment to posts, the basis possibly should be the average
number of students of that.community who have passed the exami-
nation prescribed as the minimum qualification for admission to
G
professional colleges, say in the last three years, and perhaps the
average number of persons of that community who have gradnated
in the last three years, since graduation is generally the minimuni
qualification ~or most posts possibly, the extent of reservation may
even vary with reference to the class of post. This is a matter for H
evaluation by experts.
410 StiPll.EM!l COtiil.t REPOR'i's 1198SJ SUPPL. s.c.il..
The Balaji Court then considered the question of the extent of
A the special provision which the State would be competent to make
under Art. 15(4). Here the Court brought in the so-called meritarian
principle and thought that large reiervation would inevitably affect
efficiency. We miy perhaps mention here what a noted sociologist
had to say: "So the leading anti-reservationists by hand to find
B nationalizations for their campaigns. A favourite one is to conjure
up the image of a phooey juxtaposition; on one side is 'merit' shown
up by candidates on the open list, on the other side is 'incompetence',
represented b those on the reserved list Hence-so the argument
runs-if reservations are maintained, standards in the medical pro-
fessions (or in other professions and senior Government posts) will
c be deleted. Indeed (it is claimed) there is serious risk that patients
will die if they are treated by (backward' doctors who have reached
their positions through reservations. (Such allegations are constantly
repeated although they are patently false; in the finals at the post-
graduate level, the minimum qualifying marks are identical for all
candidates, irrespective of their origin.)"(1) We should think that
D
is a matter for experts in management and administration. There
might be posts or technical courses for which only the best can be
admitted and others might be posts and technical courses for which
a minimum qualification would also serve. The percentage of reser-
vations is not a matter upon which a court may pronounce with no
E material at hand. For a court to say that reservations should not
exceed 40 per cent, 50 per cent or 60 per cent, would be arbitrary
and the Constitution does not permit us to be arbitrary. Though in
the Balaji case, the court thought that generally and in a broad way

F
a special provision should be Jess than 50 per cent, and how much
less than 50 per cent would depend upon the relevant prevaling
circumstances in each case, the court confessed. "In this matter
-
again, we are reluctant to say definitely what would be a proper pro•
vision to make." All that the court would finally say was that in
the circumstances of the case before them, a reservation of 68 per
cent was inconsistent with Art. D(4) of the Constitution. We are
G not prepared to read Balaji as arbitrarily laying down 50 per cent as
the outer limit of reservation. What precisely was decided by Balaji
has been summed up by the Court itself at page 471 of the S.C.R. in
the following words :

H
(I) Ruth Glass: Divided and degraded : the downtrodden people of
India, (Monthly Review July-August) 1982.
K.c.v. KUMAR v. KARNATAKA (Chinnappa Reddy, J.) 411

-
"We have alrtady noticed that the impugned order in the present
case has categorised the Backward Classes on the sole basis of caste A
which, in our opinion, is not permitted by Art. 15(4): and we have
also held that the reservation of 68 per cent made by the impugned
order is plainly inconsistent with the concept of the special provision
authorised by Art. 15(4). Therefore, if follows that the impugned
order is a fraud on the Constitutional power conferred on the State by B
Art. 15(4)".
We must repeat here, what we have said earlier, that there is
no scientific statistical data or evidence of expert administrators who
have made any study of the problem to support the opinion that
reservation in excess of 50 per cent may impar efficiency. It is a
rule of thumb and rules of the thumb are not for judges to lay down
c
to solve complicated sociological and administrative problems.
Sometimes, it is obliquely suggested that excessive reservation is
indulged in as a mere votrcatching device. Perhaps so, perhaps not.
One can only say 'out of evil cometh good' and quicker the redemp-
tion of the oppressed classes, so much the better for the nation. D
Our observations are not intended to show the door to genuine
efficiency. Efficiency must be a guiding factor but not a smokes-
cream. All that a Court may legitimately say is that reservation may
not be excessive. It may not be so excessive as to be oppressive; it
may not be so high as to lead to a necessary presumption of unfair
exclusion of everyone else. E
In R. Chiralekha v. State of Mysore,( 1) the Supreme Court up-
held that classification of socially and educationally backward classes
made on the basis of economic condition and occupation, without
reference to caste. According to the Government order, a family
whose income was Rs. 1200 per annum or less and persons or F
classes following occupations of agriculture petty business, inferrior
serviees, crafts or other occupations involving manual Jabour, were
in general, socially and educationally backward. The Government
listed the following occupations as contributing to social backward-
ness; (I) actual cultivators; (2) artisan; (3) inferior services (i.e. Class G
IV in Government Services and corresponding class or service in
private employment) including casual labour; and (4) any other
occupation involving manual labour. This criteria was adopted by
the Government as a temporary measure pending further detailed
study. The order did not take into consideration as a criterion for H
backwardness the caste of an applicant. Relying heavily on Balaji,

(I) [1964] 6 S.C.R. 368.
412 SUPREME COURT RBPORTS (1985) SUPPL. S.C.R.

the Mysore High Court held that the scheme adopted by the Govern·
A ment was most imperfect as in their opinion in addition to the
occupation and poverty tests, the study should have adopted the
caste test as well as the "residence" test in making the classification.
It also observed that the decision in the Ba/aji case said that the caste
basis was undoubtedly a relevant, nay an important basis in deter·
B mining the classes of backward Hindus but it should not be made
the sole basis. Subba Rao, J., speaking for this Court, explained how
the Mysore High Court had misunderstood Balaji and observed :

"While this Court said that caste is only a relevant
circumstance and that it cannot be the dominant test in
c ascertaining the backwardness of a class of citizens, the
High Court said that it is an important basis in determin·
ing the class of backward Hindus and that the Govern·
men! should have adopted caste as one of the test. As
the said observations made by the High Court may lead
to some confusion in the mind of the authority concerned
D who may be entrusted with the duty of prescribing the
rules for ascertaining the backwardness of classes of citi·
zens within the meaning of Art. 15(4) of the Constitution,
we would hasten to make it clear that caste is only a
relevant circumstance in ascertaining the backwardness of
E a class and there is nothing in the judgment of this Court
which precludes the authority concerned from determin·
ing the social backwardness of a group of citizens if it can
do so without reference to caste. While this Court has
not excluded caste from ascertaining the backwardness of
a class of citizens, it has not made it one of the compell·
F ing circumstances affording a basis for the ascertaining of
backwardness of a class. To put it differently, the au·
thority concerned may take caste into consideration in
ascertaining the backwardness of a group of persons; but,
if it does not, its order will not be bad on that account,
G if it can ascertain the backwardness of a group of person
on the basis of other relevant criteria."

Later he further proceeded to explain:·

H "This interpretation will carry out the intention of
the Constitution expressed in the aforesaid Article. It
helps the really backward classes instead of promoting
the interests of individuals or groups who, though they
K.c.v. KUMAR v. KARNATAKA (Chinnappa Reddy, I.) 413

belong to a particular caste a majority where of is socially
and educationally backward, really belong te a class A
which is socially and educationally advanced. To illust-
rate, take a caste in a State which is numerically the
largest therein. It may be that though a majority of the
people in that caste are socially and educationally back·
ward, an effective minority may be socially and edu· B
cationally for more advanced than another small sub-caste
the total number of which is far less than the said
minority. If we interpret the expression "Classes" as
"caster"', the object of the Constitution will be frustrated
and the people who do not deserve any advertitious aid
may get it to the exclusion of those who really deserve. c
This anomaly will not arise if, without equating caste
with class, caste is taken as only one of the considerations
to ascertain whether a person belongs to a backward
class or not. On the other hand, if the entire sub-caste,
by and large, is backward, it may be included in the D
Scheduled Castes by following the appropriate procedure
laid down by the Constitution".

Evidently recognising the difficulty be-setting any attempt by a Court
to lay down inflexible criteria, he pointed out:
E
' We do not intend to lay down any inflexible rule
for the Government to follow. The laying down of
criteria for ascertainment of social and educational back·
wardness of a class is a complex problem depending upon
many circumstances which may vary from State to State
and even from place to place in a State. But what we F
intend to emphasize is that under no circumstances a
"class" can be equated to a "caste", though the caste of
an individual or a group of individual may be considered
along with other relevant factors in putting him in a parti·
cular class. We would also like to make it clear that if
G
in a given situation caste is excluded in ascertaining a
class within the meaning of Art. 15( 4) of the Constitu-
tion, it does not vitiate the classification if it satisfied
other tests."

In Rajendran v. State of Madras(') Ramaswami, J. took care to say, H

(I) [1968J I S.C.R. 721.
414 SUPREME COURT REPORTS (1985] SUPPL. S.C.R.

" ..... if the reservation in question had been based
A only on caste and had not taken into account the social
and educatinal backwardness of the caste in question, it
would be violative of Art. I 5(1). But it must not be for-
gotten that a caste is also a cla•s of citizens and if the
caste as a whole is socially and educationally backward
reservation can be made in favour of such a caste on the
B
ground that it is a socially and educationally backward
class of citizens within the meaning of Art. 15(4) ...... It
is true that in the present cases the list of socially and
educationally backward classes has been specified by
caste. But that does not necessarily means that caste
c was the sole consideration and that person belonging to
these castes are also not a class of socially and edu-
cationally backward citizens."

In State of Andhra Pradesh v. P. Sagar,(1) Shah, J. observed,

D "In the context in which it occurs the expression
"class" means a homogeneous section of the people
ground together because of certain likenesses or common
traits and who are identifiable by some common attri·
butes such as status, rank, occupation, residence in a
E locality, race, religion and the like. In determining
whether a particular section forms a class, caste cannot
be excluded altogether. But in the determination of a
class a test solely based upon the caste or community
cannot also be accepted ............... ··- ......•..... _ ........ .
- '" n•-•••••• ••• - - ••• ... - "" ••• .. '' • '••• _. ••• '" ••••••• •• • •••
F Reservation may be adopted to advance the interests of
weaker sections of society, but in doing so, case must be
taken to see that deserving and qualified candidates are
not excluded from admission to higher educational
institutions. The criterion for determining the backward-
G ness must not be based solely on religion, race, caste, sex
or place of birth, and the backwardness being social and
educational must be similar to the backwardness from
which the Scheduled Castes and the Scheduled Tribes
suffer''.
H
(I) (!'198}3 S.C.R. 595.
111.c.v. IWMAR v. KARNATAKA (Chinnappa Reddy, I.) 415

In Tirloki Nath v. State of Jammu & Kashmir,(') the Court held
that while it was open to the State to make a provision for reser- A
vation of appointments or posts in favour of socially and educational-
ly backward classes, it could not distribute the number of posts or
appointments on the basis of community or place or residence. An
order of the Government of Jammu and Kashmir reserving 50 per
cent of the vacancies for the Muslims of Kashmir (entire State), 8
40 per cent for the Jam mu Hindus and I0 per cent for the Kashmiri
Hindus was struck down. It was pointed out that the express1on
"backward class" was not used as synonymous with backward caste
or backward community but it was noticed, "The members of an
entire caste or community may in the social, ec<>nomic and edu-
cational scale of values at a given time be backward and may on that c
account be treated as a backward class, but that is not because
they are members of a caste or community, but because they form
a class". The Court further said :

"In its ordinary connotation the expression "class"
means a homogeneous section of the people grouped
D
together because of certain likenesses or common traits,
and who are identifiable by some common attributes such
as status, rank, occupation, residence in a locality, race,
religion and the like. But for the purpose of Art. 16(4)
in determining whether a section forms a class, a test E
•olely based on caste, community, race, religion, sex des-
cent, place of birth or residence cannot be adopted,
because it would directly offend the Constitution",

In A. Peeriakatuppan v. State of Tamil Nadu,( 1) the Court
obsersed : F

"A caste has always been recognised as a class. .. .
there is no gain saying the fact/that there are nume-
rous castes in this country which are socially and edu·
cationally backward. To ignore their existence is to G
ignore the facts of life."

In State of Andhra Pradesh v. Balaram(•), the order of the
Government of Andhra Pradesh enumerating the socially and
H
(1) [1969] 1 S.C.R. 103.
(2) [1971) 1s.c.c.38.
(3) A.I.R. 1972 S.C. 1375.
i
416 SUPREME COURT REPORTS [ 1985) SUPPL. s.c.R.

educationally backward classes for the purpose of admission into the
A medical colleges of the State had been struck down by the High
Court on the ground that the Government Order was based on the
report of the Backward Classes Commission which bad adopted caste
11s the main basis to determine who were backward classes and this
was contrary to the decision of the Court in Balaji. It had also been
B held by the High Court that the Commission bad committed a mis-
take in adopting the average of student population per thousand of a
particular class or community in the 10th or I Ith classes with
reference to the State average for the purpose of determinning edu-
cational backwardness. Even so the percentage of literacy of some
groups included in the list of backward classes was well above the
c State average. The High Court had further held that the Commission
had ignored the principle that the social and educational backward-
ness of persons classified in the list should be comparable or similar
to the Scheduled Castes and Scheduled Tribes. The Commission had
committed a further mistake in subdividing the groups into more
D backward and less backward classess. It was urged before this Court •
that the principles thought to have been laid down in Balaji,
Chitralekha and Sagar that Art. 15(4) was w be read as a proviso to
Arts. 15(1) and 29(2) and that in the matter of backwardness that
backward classes must be comparable to Scheduled Castes and
Scheduled Tribes, were wrong and required to be re-considered. The
E Court found that it was not necessary for them to consider this aspect
of the matter as in the particular case before them, they were
factually satisfied that classes enumerated as backward, were really
socially and educationally backward. The Court however took care
to say :
F
"It must be pointed out that none of the above
decisions lay down that social and educational backward-
ness must be exactly similar in all respects to that of
Scheduled Castes and Scheduled Tribes."

G The contention that backward classes were classified on the basis of
caste was met with the following observation :

"No doubt, we are aware that that any provision
made under this clause must be within the well defined
H
limits and should not b' on the basis of caste alone. But
it should not also be missed that a caste as such may be
socially and educationally backward. If after collecting
K.C.V. KUMAR v. KARNATAKA (Chinnappa Reddy, J.) 417

the necessary data, it is found that the caste as a whole
is socially and educationally backward, in our opinion, A
the reservation made of such persons will have to be up-
held notwithstanding the fact that a few individuals in
that group may be both socially and educationally above
the general average. There is no gain saying the fact that
there are numerous castes in the Country, which are
socially and educationally backward and therefore a
B
suitable provision will have to be made by the State as
charge in Article 15(4) to safeguard their interest .........

the members of an entire caste or community may in the
social economic, and educational scale of values, at a C
given time be backward and may on that account be
treated as backward classes, but that is not bacause they
are members of a caste of community but because they
form a class. Therefore, it is clear that there may be
instances of an entire caste or a community being socially D
and educationally backward for being considered to be
given protection under Art. 15(4)...... .......... . ........ ..
••• "'""'•••••• •••••••"•••••••••••,.•••••••"""'''~-····•••ooo••'•"

To conclude, though prima facie the list of Backward
Classes which is under attack before us may be conside-
red to be on the basis of caste, a closer examination will E
clearly show that it only a description of the group
following the particular occupations or professions,
exhaustively referred to by the Commission."

The Court then proceeded to observe that the question before them
was whether the Backward Classes Commission had relevant data
F
and material before it for enumerating the classes of persons to be
included in the list of backward classes was a real question and not
whether the Commission was scientifically accurate in conclusion.
The Court expressed its satisfaction that there was sufficient relevant
material to justify the Commission's conclusion and added :- G

"No doubt there are a few instances where the
educational average is slightly above the State average,
but that circumstance by itself is not enough to strike
down the entire list. In fact, even there it is seen that H
when the whole class in which that particular group is
included, is considered the average works out to be less
418 SUPREME COURT REPORTS (1985) SUPPL. 5.C.R.

than the State average. Even assuming there are a few
A categories which are a little above the State average, in
literacy, that is a matter for the State to be taken note of
and review the position of such categories of persons and
take a suitable decision."

B Referring to the observations in Ba/aji regarding the test of average
student population in the last three High Court School classes it was
said:

"These observations made by this Court in the above
decisions have, in our opinion, been misapplied by the
c High Court to the case in hand. It bas proceeded on the
basis that it is exiomatic that the educational average of
the class should not be calculated on the basis of the
student population in the last three high school classes
and that only those classes whose average is below the
D State average, that can be treated as educationally back·
ward. This Court has only indicated the broad principle•
to be kept in view when making the provbion under
Art. 15(4)."

In Janki Prasad Parimoo v. State of Jammu & KaJhmir the
E Court noticed the link between economic backwardness and social
and educational backwardness and observed :

"In India, social and eductational backwardnesJ iJ
further associated with economic backwardness and it is
F observed in Balaji's case referred to above that backward·
ness, socially and educationally is ultimately and primarily
due to poverty."

Having said this the Court was not prepared to lay down poverty as
the exclusive test on the ground that a large proportion of the
G population in India was poverty stricken and if poverty was made
the sole test for reservation, a resourceless sitution might arise. It
was said,

·ff "But if poverty is the exclusive test, a very large
proportion of the population in India would have to be
regarded as socially and educationally backward and if
reservations are made on!~ on the (!round of econotnic
11.c.v. KUMAR v. KARNATAKA (Chinnappa Reddy, J.) 419

codsiderations, an untenable situation may arise because
even in sectors which are recognised as socially and A
educationally advanced, there are large pockets of
poverty. In this country except for a small percentage of
the population, the people are generally poor-some being
more poor, others less poor. Therefore, when a social
investigator tries to identify socially and educationally B
backward classes he may do it with confidence that they are
bound to be poor. Though the two wards, 'Socially' aud
'educationally' are used cumulatively tor the purpose of
describing the backward class, one may find that if a class
as a whole is educationally advanced, it is generally also
socially advanced because of the reformative effect of c
education on that class. The words "advanced" and
"backward" are only relative terms-there being several
layers or strata of classes, hovering between "advanced"
and "backward", and the difficult task is which class can
be recognised out of these several layers as being socially D
and educationally backward."

The State of Jammu & Kashmir had declared six classes of
citizens as socially and educationally backward. They were (l)
persons whose traditional occuation was one of the sixty-two men-
tioned; (2) persons belonging to 23 social castes; (3) small cultivators; E
(4) low paid pensioners; (5) residents in areas adjoining the ceasefire
line; (6) persons belonging to "bad pockets". The court found that
some of the sixty-two enumerated occupations were not traditional
occupations at all and that that list required review. The court also
found that 19 out of the 23 castes had been identified by the Com- F
mittee as suffering from social disabilties and also eJucationally and
economically backward. In the case of the remaining four castes,
there was nothing to indicate that they were backward classes. Referr-
ing to the third category of small cultivators, it was observed that they
could not be said to be 'a homogeneous social section of the people
with common trades and identifiable by some common attributes'. G
All that could be said about them was that they cultivated or Jived
on land. Similarly in regard to the fourth category, it was observed
that they also do not belong to a homogeneous section of the people,
the only thing common between them being that they had retired
from Government service. In regard to the fifth and sixth category H
the court observed that lac]\ 9f qimmunication, inaccessibility, Jack
420 SUPRBMB COURT REPORTS (1985) SUPPL. s.c.R.

of material resources, primitive living condition& and such conside-
A rations made the people living in those areas socially and
educationally backward.

In State of Uttar Pradesh v. Pradeep Tandon,\1) the Court
recognised poverty as a relevant factor but observed that it was not
B the determining factor discovering poor socially and educationally
backward classes. Even so the backwardnces of the hill and
Uttrakhand areas in Uttar Pradesh was sustained on economic basis.
It was said,

"The Hill and Uttrakhand areas in Uttar Pradesh are
c instances of socially and educationally backward classes
of citizens for those reasons. Backwardness is judged
by economic basis that each region has its own measur-
able possibilities for the maintenance of human numbers,
standards of living and fixed property. From an economic
D point of view the classes of citizens are backward when
they do not make effective use of resources. When large
areas of land maintain a sparse, disorderly and illiterate
population whose property is small and regligible the
element of social backwardness is observed. When effec-
tive territorial specialisation is not possible in the absence
E of means of cummunication and technical pr0cesses as in
the hill and Uttrakhand areas the people are socially
backward classes of citizens. Neglected opportunities and
people in remote places raise walls of social backward-
ness of people."
F "Educational backwardness is ascertained with
reference to those factors. Where people have traditional
apathy for education on account of social and environ-
mental conditions or occupational handicaps, it is an
illustration of educational backwardness. The hill and
G Uttrakhand areas are inaccessible. There is lack of
educational institutions and educational aids. People in
the hill and Uttrakhand areas illustrate the educationally
backward classes of citizens because lack of educational
facilities keep them stagnant and they have neither
H meaning and values nor awarenees for education,"

(!) [197SJ.l:S.C.R.l\76L
ic.c.v. KUMAR¥. KARNATAKA (Chinnappa Reddy, J.) 421

The Court struck down the reservation for candidates from rural
areas ou the ground that rural population which constituted SOY. of A
the population of the State could not be a homogeneous class. Some
people in the rural areas might be educationlly backward, some might
be socially backward, there may be few who were both socially and
educationally backward but it could not be said that all citizens
residing in rural areas were socially and educationally backward. B
The Court while noticing the difficulty of defining the
expression 'socially' and 'educationally' backward classes of citizens
allowed itself to make the observation, "the traditional unchanging
occupations of citizens may contribute to social and ehucational
backwardness. The place of habitation and its environment is also c
a determining factor in judging the social and educational
backwardness."

In K.S. Jayasree v. Stale of Kerala,( 1) what was in question
was a Government Order specifying that only citizens who were D
members of families which had an aggregate income of less than
Rs. 6,000 per annum and which belonged to the caste and community
mentioned in the annexures to the Government Order would
constitute socially and educationally backward classes for the
purposes of Art. 15(4). The Court upheld the order and held:
E
"In ascertaining social backwardness of a class of
citizens it may not be irrelevant to consider the caste of
the group of citizens. Caste cal\not however be made
the sole or dominant test. Social backwardness is in the
ultimate analysis the result of poverty to a large extent.
Social babkwardness which results from poverty is likely
F
to be aggravated by considerations of their ca,te. This
shows the relevance of both caste and poverty in determining
the backwardness of citizens. Poverty by itself is not the
determininz factor of social backwardness. Poverty is G
relevant in the context of social backwardness. The
commission found that the lower income group consti-
tutes socially and educationally backward classes. The
basis of the reservation is not income but social and edu-
cational backwardness determined on the basis of relevant H
criteria. If any classification of backward classes of

(I) [1976] 3 S.C.C, 730.
422 SUPREME COURT REPORTS (1985] SUPPL. s.c.R.

citizens is based solely on the caste of the citiz~n, it will
A perpetuate the vice of caste system. Again, if the classi·
fication is based solely on poverty, it will not be
logical. ........ --· ........... , ....................... .
I
········· ····· ... . ... .. ....................................... .
Social backwardness which results from poverty is likely to
be magnified by caste considerations. Occupations, place
B to habitation may also be relevant factors in determining
who are socially and educationally backward classes.
Social and economi considerations came into operation
in solving the problem and evolving the proper criteria of
determining which classes are socially and educationally
c backward......... .. .............. _ ................... ..
............. ...................- ......... - ..........................
The problem of determining who are socially and
educationally backward classes is undauntedly not simple.
Sociological and economic considerations come into play
in evelving proper criteria for its determination. This is
D the function of the State. The Court's jurisdiction is to
decide whether the tests applied are valid ...... _.. . . ....
........................ - .................................................
-
............ ........................ _.. ............................
,.~

If the classification is based solely on caste of the citizen,
E it may not be logical. Social backwardness is the result
of poverty to a very large extent. Caste and Porerty are
both relevant for determining the backwardness. But
neither caste a/one nor poverty alone will be the
determining tests ... -·· •.. .... ... . . . .. . ... . . . .. . ...
••••••••••••••• •••••• ,., ••••••••••• < ................ ..

F Therefore, socially and educationally backward classes of
citizens in Article 15(4) cannot be equated with castes.
In R. Chitralekha v. State of My•ore [1964] 6 SCR 368 :
AIR 1964 SC 1823 this Court said that the classification
of backward classes based on economic conditions and
G occupations does not offend Article 15(4)."

State of Kera/av. N.M. Thomasf') is a very important case
decided by a bench of seven judges consisting of Ray, CJ., Khanna,
Mathew, Beg. Krishna Iyer, Gupta and Murtaza Fazal Ali, JJ.). The
question was about the exemption given to members of the Scheduled ,.
H Castes and Scheduled Tribes, for a limited period, from passing a

(I) [1976) I S.C.R. 906.
lii..c.v. IWM~R v. KARNATAKA (Chinnappa Reddy. J.) 423

certain departmental test to qualify for promotion from the post of
Lower Division Clerk to the post of Upper Division Clerk. The rule A
providing for the exemption was attacked on the ground that it was
violative of Art. 16(1). One of the arguments in support of the
attack was that the result of application of the rule would he to
enable the members of the Scheduled Castes and Scheduled Tribes to
claim more than 50% of the posts immediately available for B
promotion. The rule was upheld by Ray, CJ., Mathew, Beg, Krishna
Iyer and Murtaza Fazal Ali, JI. and struck down by Khanna and
Gupta, JJ. Ray, CJ. observed that the equality of opportunity took
within its fold "all stages of service from initial appointment to its
termination including promotion". Articles 14 and 16(1) would not
be violated by the rule which would ensure equality of representation C
in the services for unrepresented classes, after satisfying the basic
needs of efficiency of administration. A rule giving preference to an
underrepresented backward community would not contravene Arts.
14, 16{1) and 16(2). Article 16(4) merely removed any doubt in that
respect. The classification of employees belonging to Scheduled D
Castes and Scheduled Tribes for allowing them an extended period
of two years for passing the special tests for promotion was a just
and reasonable classification having rational nexus to the object of
providing equal opportunity for all citizens in matters relating to
employment or appointment to public office. All legitimate methods
were available to strive for equality of opportunity in service under E
Art. 16( l). Article 16(4) enacted one of the methods for achieving
equality embodied in Art. 16(1). Dealing with the argunment that
the rule exceeded the permissible limits of the resulting preference
shown to Scheduled Castei. Ray, CJ. observed :

F
"The High Court was wrong in basing its conclusion
that the result of appl;cation of the impeached Rule and
the orders are excessive and exorbitant namelv that out
of 51 posts, 34 were given to the members of th~ Schedu·
led Castes and Scheduled Tribes. The promotions made
in the service as a whole are.no where near 50 per cent of G
the total number of posts. The Scheduled Castes and
Scheduled Tribes constitute 10 per cent of the State's
population. Their share in the gazetted service of the
State is said to be 2 per cent 184 out of 8, 700. Their
share in the non-gazetted appointments is only 7 per cent H
namely 11,437 out of 1,62,784. It is, therefore, correct
that Rule 13AA and the orders are meant to implement
424 SUPREME COURT REPORTS [1985] SUPPL. s.c.R.

not only the direction under Art. 335, but also the Direc-
A tive Principle under Art. 46."

One other important statement in Ray, CJ. 's judgment is
worth noticing. He said, "Scheduled Castes and Scheduled Tribes
are not a caste within the ordinary meaning of caste". He referred
B Bhaiyalal v. Harikishan Singh were it had been held that an enquiry
was not permissible into the question whether a particular caste was
a Scheduled Caste or not in view of the provision of Art. 341.

Mathew, J. who agreed with the conclusions of Ray, CJ.,
observed that resort to some sort of proportionate equality was
c necessary in many spheres to achieve justice. Equality of opportunity
was not simply a matter of legal equalily, it depended not merely on
the absence of disability but on the presence of abilities. The Govern-
ment has an affirmative duty to eliminate inequalities and to provide
opportunities for the exercise of human rights and claims. The
Government has an affirmative responsibility for elimination of
D
inequalities, social, economic or otherwise. There was no reason
for the court not to require the State to adopt a standard of pro-
portional equality which took account of the differing conditions and
circumstances of a class of citizens whenever those conditions and
circumstances stood in the way of their equal access to the enjoyment
E of basic rights and claims. Art. 16(4) was not an exception of Art.
16(1). It was an emphatic way of putting the extent to which the
equality of opportunity could be carried, viz., even up to the point
of making reservation. The State was entited to adopt any measure
which would ensure an adequate representation of the members of
the Scheduled Castes and Scheduled Tribes and justify it as a com-
F pensatory measure to ensure equality of opportunity provided the
measure did not dispense with the acquistion of the minimum basic
qualification necessary for the efficiency of administatioµ. Beg, J.
expressly agreeing with the conclusions of Ray, CJ., Mathew, Krishna
Iyer and S. M. Fazal Ali, JJ., added that the protection of Art. 16
G continued through out the period of service. He distinguished Deva-
sana and Ba/aji on the ground that if the overall position and picture
was taken into account by taking the number of employees in all
Government departments, the so-called favoured class of employees
would be less than 50 per cent of the number of posts.
H
Beg, J., however, thought that Art. 16(4) was designed 'to
reconcile the conflicting pulls of Art. 16(1) representing the dynamics
K.c.v. KUMAR v. KARNATAKA (Chinnappa Reddy, J.) 425

of justice, conceived of as equality in con~itions under which candi·
dates actually compete for posts in Government service, and of Arts. A
46 and 335 embodying the duties of the State to promote the
interest of the economically, educationally and socially backward so
as to release them from the clutches of social injustice'. According
to Beg, J. the encroachments on the field of Art. 16(1) could only
be permitted to the extent they were warranted by Art. 16(4) and
to read broader concept of social justice and equality into Art. 16(1)
B
might stultify the provision itself and make Art. 16(4) otiose. We
must straight away demur. There is no reason whatever to narrow the
concept of equality in Art. 16(1) and refuse to read into it broader
concepts of social justice and equality. In fact, it is necessary
to read Art. 16( 1) so as not to come into any conflict with Arts. c
46 and 335. A constitutional document must be read as to synthesise
its provisions and avoid disharmony. To say that equality also means
that unequals cannot be treated equally is merely to say what is
self-evident and common place. Art. 14 implies it and we do not see
why it is not implied in Art. 16( I) also. True, on a fir>t glance, Art.
16(4) appears to save the power of the State to make provision for D
the reservation of appointments and posts in favour of any backward
class of citizens, but a second look shows that it really recognises a
pre-existing power and expresses the recognition in an emphatic way
lest there should be any doubt caste upon that power. Such a
device is not unknown to legislatures and constitution making bodies. E
Art. 16(4) is more in the nature of a rule of interpretation to
guide the construction of Art. 16(1). The possibility of interpreting
Art 16(1) so as to promote the narrower equality rather than the
greater equality is excluded by Art. 16(4).
F
Krishna lyes, J., while upholding the validity of Rule 13AA
made it quite clear that Art. 16(4) was to be viewed not as a saving
clasue but as a clause inserted in Art. 16 due to the over-anxiety of
the draftsman to make matters clear beyond possibility of doubt.
He was emphatic that Art. 16 applied to appointments and pro•
motions as well. He expressed his agreement with Fazal Ali, J. that G
arithmatical limit of 50 per cent in one year set by some earlier
rulings could not be pressed too far and that overall representation
in a department did not depend on the recruitment in a particular
year, but the total strength of a cadre. He also agreed with Fazal
Ali, J's construction of Art. 16(4) and his view about the 'carry H
forward' rule. But we must point out that Krishna Iyer J. als
made certain observations indicating that he too fell into the eliti~
426 SUPREME COURT REPORTS {1985] SUPPL. s.c.I!..

trap of viewing the question as one of 'protective discrimination'.
A The question to which he addressed himself was 'Is Rule (13AA)
valid as protective discrmination to the Harijans'. Viewing the
question in that light, he proceeded to utter some words of purported
caution about the vils of reservation. He said,

B A word of sociological caution. In the light of
experience, here and elsewhere the danger of 'reservation',
it seems to me, is three-fold. Its benefits, by and large,
are snatched away by the top creamy layer of the 'back-
ward' caste or class, thus keeping the weakest among the
weak always weak and leaving the fortunate layers to
c consume the whole cake. Secondly, this claim is over-
played extravagantly in democracy by large and vocal
groups whose burden of backwardness has been sub-
stantially lightened by tbe march of time and measures of
better education and more opportunities of employment
D but wish to wear the 'weaker section' label as a means to
score over their near-equals formally categorised as the
upper brackets. Lastly, a lasting solution to the problem
comes only from improvement of social environment,
added educational facilities and cross-fertilisation of
castes by inter-caste and inter-class marriages sponsored
as a massive State programme, and this solution is calcu-
latedly hidden from view· by the higher 'backward' groups
with a vested interest in the plums of backwardism. But
social science research, not judicial impressionism, will
alone tell the whole truth and a constant process of objec-
tive re-evaluation of a progress registered by the 'nnder-
dog' categories i• essential lest a once deserving 'reser·
vation' should be degraded into 'reverse discrimination'."

One cannot quarre 1 with the statement that social science research
and not judicial impressionism should form the basis of examination,
G
by Courts, of the sensitive question of reservation for backward
classes. Earlier we mentioned how the assnmption that efficiency
will be impaired if reservation exceeds 50 per cent, if reservation is
extended to promotional posts or if the carry forward rule is adopted,
H is not based on any scientific data. One must, however, enter a
caveat to the criticism that the benefits of reservation are often
1natched away by the top creamy layer of backward class or caste.
That a few of the seats and posts reserved for backward classes are
K.c.v. KUMAR v. KARNATAKA (Chinnappa Reddy, /.) 427

snatched away by the more fortunate among them is not to say that
reservation is not necessary. This is bound to happen in a competi- A
tive society such as ours. Are not the unreserved seats and posts
snatched away, in the same say, by the top creamy layer on society
itself? Seats reserved for the backward classes are taken away by the
top layers amongst them on the same principle of merit on which the
unreserved seats are taken away by the top layers of society. How
B
can it be bad if reserved seats and posts are snatched away by the
creamy layer of backward cla;ses, if soch snatching away of unreser-
ved posts by the top creamy layer of society itself is not bad? This is
a necessary concomitant of the very economic and social system
under which we are functioning. The privileged in the whole of
society snatch away the unreserved prizes and the privileged among c:
the backward classes snatch away the reserved prizes, This does
not render reservation itself bad. But it does emphasise that mere
reservation of a percentage of seats in colleges and a percentage of
posts in the services is not enough to solve the problem of backward-
ness. Developmental facility and opportunity must be created to
enable the really backward to take full advantage of reservations. It
D
indicates that the ultimate solution lies in measures aimed firmly at
all round economic and social development. There is, of course, the
danger that it engenders self-denigration and backwardness may
become a vested interest. The further real danger is not reservation
but reservation without general all round social and economic
development. The result of such reservation is that all the young
men of merit belonging to the Scheduled Castes and Backward
•
classes are literally 'gobbled up' by the civil services leaving very few
educated young men of those classes to make their cause on the
social, economic and political fronts. The very constraints of office
restrain those who have become civil servants from championing F
the cause of their brethern. There is also the historical truth
that oppressed persons who improve their lot, in an effort to forget
an ~nhappy past, often, rush to join the elite and imitate their ways,
habits and thoughts. In the process they tend to foraet their less
fortunate brethern.
G
Fazal Ali, J. expressed bis satisfaction that the class~cation
made by the G~ver_nment by Rule 13(AA) was fully justified by Art.
16 of the Consutut1on. He held that Art. 16(4) was not to b d
··1· erea
m 1so ation or as an exception to Art. 16(1 ), but was to be read as H
part and parcel of Art. 16(!) and (2). Dealing with the question or
the so-called excessive reservation, he emphatically observed,
428 SUPIU!MB COURT IU!PORTS (l 98SJ SUPPL. s.c.ll.

"This means that the reservation should be within
A the permissible limits and should not be a cloak to till all
the posts belonging to a particular class of citizens and
thus violate Art. 16(1) of the Constitution indirectly. At
the same time clause ( 4) of Art. 16 does not fix any limit
on the power of the Government to make reservation.
B Since clause (4) is a part of Art. 16 of the Constitution it
is manifest that the State cannot be allowed to indulge in
excessive reservation so as to defeat the policy contained
in Art. 16(1). As to what would be a suitable reservation
within permissible limits will depend upon the facts and
circumstances of each case and no hard and fast rule can
c be laid down, nor can this matter be reduced to a mathe-
matical formula so as to be adhered to in all cases.
Decided cases of this Court have no doubt laid down
that the percentage of reservation should not exceed 50
per cent. As l read the authorities, this, is, however, a
D rule of caution and does not exhaust all categories.
Suppose for instance a State has a large number of back-
ward classes of citiLens which constitute 80 per cent of the
jobs for them, can it be said that the percentage of reser-
vation is bad and violates the permissible limits of clause
(4) of Art. 16? The answer must necessarily be in the
E negative. The dominant object of this provision is to
take steps to make indequate representation adquate."

Fazal Ali, J. mext considered the validity of the 'carry forward'
rule and upheld that rule also. He said that if in fact the carry
F forward rule was not allowed to be adopted, it might result in in-
equality to the backward classes of citi~en.

Thus, we see that all five judges who constituted the majority
were clear that Art. 16 applied to all stages of the service of a civil
servant, from appointment to retirement, including promotion. Four
G
out of seven judges Ray C.J., Beg, Krishna Iyer and Fazal Ali JJ.,
were also of the clear view that the so-called fifty precent rule would
apply to the total number of posts in the service and not to the
number of posts filled up at different times on different occasions.
The reservation in appointments made on any single occasion might
well exceed 50 per cent. Four out of seven judges, Ray, CJ., Mathew,
Krishna Iyer and Fazal Ali, JJ., further expressed the view that Art.
R.c.v. KUMAR v. KARNATAKA (Chinnappa Reddy, J.) 429

16(4) was not an exception to Art. 16(1) and it was merely an em-
phatic way of stating that reservation was one of the modes of A
achieving equality for the backward class of citizens.

In Akhil Bharativa Soshlt Karamchari Sangh v. Union of
India & Ors .. (') the Court had to consider the question of reservation
of posts under the State in favour of Scheduled Castes and Scheduled
Tribes and the 'carry forward rule. The reservation and the rule
8
were upheld by the court. One of the arguments vigorously advanced
was the usual plea that efficiency would suffer. Krishua Iyer, 1.
meeting the argument observed :

"The sting of the argument against reservation is c
that it promotes inefficiency in administration by choos-
ing sub-standards candidates in preference to those with
better mettle. Competitive skill is more relevant in higher
posts, especially those where selection is made by com-
petitive examinations. Lesser classes of posts, where
promotion is secured mechanically by virtue of seniority D
except where the candidate is unfit. do not require a high
degree of skill as in the case of selection posts. {See [1968)
I SCR p. 721 at 7 34). It is obvious that as between selec·
tion and non-selection posts the role of merit is func-
tionally more relevant in the former than in the latter. .E
And if in Rangachari reservation has been held valid in
the case of selection posts, such reservation in non·selec·
tion posts is an afortiori case. If, in selecting top officers
you may reserve posts for SC/ST with lesser merit, how
can you rationally argue that for the posts of peons or
lower division clerks reservation will spell calamity? The F
part that efficiency plays is far more in the case of higher
posts than in the appointments of the lower posts. On
this approach Annexure K is beyond reproach."

"Trite arguments about efficiency and inefficiency G
are a trifle phoney because, after all, at the Wgher levels
the harijans girijan appointees are a microscopic percen·
tage and even in the case of Classes III and II posts they
are negligible. The preponderant majority coming from
unreserved communities are presumably efficient and the .H
. dilution of efficiency caused by the minimal induction of

(I) (1981] I S,C.R. 185.
-430 SUPREME COURT REPORTS [1985] SUPPL. s.c.R.

a small percentage of 'reserved' candidates, cannot affect
A the over-all administrative efficiency significantly. Indeed,
it will be gross exaggeration to visualise a collapse of the
Administration because 5 to 10 per cent of the total
number of officials in the various classes happen to be
sdb-standard. Moreover, care has been taken to give in
B service training and coaching to correct the deficiency."
While we agree that competitive skill is relevant in higher posts,
we do not think it is necessary to be apologetic about reservations in
posts, higher or lower so long as the minimum requirements are
satisfied. On the other hand, we have to be apologetic that there
c still exists a need for reservation. Earlier we extracted a passage
from Tawney's Equality where he bemoaned how degrading it was
for humanity to make much of their intellectual and moral superio-
rity to each other. Krishna Iyer, J. once again emphasised that
Art. 16(4) was one facet of the multi-faceted character of the central
concept of equality. One of us (Chinnappa Reddy, J.), in the same
D case, explained how necessary it was to translate the constitutional
cuarantees given to the Scheduled Castes, Scheduled Tribes and
other backward classes into reality by necessary State action to
protect and nuture those classes of citizens w ns to enable them
to shake off the heart-crushing burden of a thousand years' depriva-
tion from their shoulders and to claim a fair proportion of participa-
tion in the administration. It was pointed out that Art. 16(4) in truth
llowed out of Art. 16(1). It wa• said,

"Art. 16(4) is not in the nature of an exception to
Art. 16(1 ). It is a facet of Art. 16( I) which fosters and
F furthers the idea of equality of opportunity with special
reference to an under privileged and deprived class of
citizens to when egalite de droit (formal or legal equality)
is not egalite de fait (practical or factual equality).
It is illustrative of what the State must do to wipe out the
distinction between egalite do droit and egali te de fait,
G
It recognises that the right to equality of opportunity
includes the right of the under-privileged to conditions
comparable to or compensatory of those enjoyed by the
privileged. Equality of opportunity must be such as to
H yield 'Equality of Results' and not that which simply
enables people, socially and economically better placed,
to win against the less fortunate, even when the competi-
tion is itself otherwise equitable. John Rawls in 'A
K.c.v. KUMAR v. KARNATAKA (Chinnappa Reddy, J.) 431

Theory of Justice' demands the priority of equality in a
• distributive sense and the setting up of the Social System
"so that no one gains or loses from his arbitrary place
in the distribution of natural assets or his own iuitial
position in society without giving or receiving compensa·
tory advantages in return." His basic principle of social
justice is: "All social primary goods-liberty and oppor- B
tunity, income and wealth, and the bases of self-respect-
are to be distributed equally unless an unequal distri·
bution of any or all these goods is to the advantage of
the least favoured." One of the essential elements of his
conception of social justice is what he calls the principle
of redress : "This is the principle that undeserved inequa- c
lities call for redress, and since inequalities of birth and
natural endowment are underserved, these inequalities
are somehow to be compensated for''. Society must,
therefore, treat more favourably those with fewer nativ1
assets and those born into less favourabl1 social D
positiom."

The statement tbat equality of opportunity must yield equality of
results was the philosophical foundation of the fulfilment of Art. 16(1)
~~!~. •

So we have now noticed th• historical and sociological
background of Class and Caste, the philosophy, the reason and the
rhetoric behind reservation and anti-reservation, the Constitutional
provisions and the varying judicial stances. What emerges from thes1
three decades of Parliamentary, Executive, Judicial, Political, and
practical wisdom? Clearly there exist large sections of people who
'
are socially and educationally backward, who stand midway between

-
'
the such as forward classes the landed, the learned, the priestly and
the trading classes on the one side and the out-caste and depressed
classes, i.e. the Scheduled Castes and the Scheduled Tribes on the
other. Poverty, Caste, occupation and habitation are the principal
G

factors which contribute to brand a class as socially backward. The
customs which they honour and observe, the rituals which they fear
. and practice the habits to which they adapt and conform, the festi·
H
vals which they enjoy and celebrate and even the Gods that they
revere and worship are enlightening elements in recognising their
social gradation and backwardness. For instance, it may be possible
432 SUPREME COURT REPORTS (1985) SUPPL. S.C.R.

to demonstrate that amongst very many classes, castes or communi-
ties, considered socially inferior, Child-marriage persists to this day •
despite the Child Marriage Restraint Act and the Hindu Marriage
Act. Despite the wisdom of legal pandits and learned text books on
Hindu Laws proclaiming that Saptapadi is essential to a vaid Hindu
Marriage, most of the socially inferior classes rarely follow the rule;
B they have their own customs and rituals. Long before the Hindu
Widows' Re-marriage Act permitted widows to remarry, long before
the Hindu Marriage Act permitted divorce, the custom of the several
>o called socially inferior classes or communities permitted
re-marriage of widows and divorce. The divorce was not by decree
of a Court of Law but was granted by a Caste Panchayat. The
c Caste-Panchayat divorce was impermissible and remarriage of
widows was also impermissible among the socially superior classes
who used to look down upon these customs as primitive. The
socalled inferior classes did not and do not have recourse either to
Purohits to parform marriages or the Courts to dissolve them.
D
Dress habits also throw light, while it is difficult to imagine,
persons belonging to upper caste or occupational groups going about
their daily work bare-nacked it is not an uncommon right to see
persons belonging to lower caste or occupational groups so going
about, Work habits also given an indication. Women belonging to
E higher social groups would not generally care to serve in other
people's homes or fields. Again children of lower social groups take
to domestic and fieled work qutie early in their lives. There arc
certainly good economic reasons for all these factors. As we said
economic situation and social situation often reflect each others. We
F mentioned earlier that even the Gods that they worship give
occasional clues. While the Hindu Gods proper, Rama, Krishna,
Siva etc. are worshipped by all Hindus generally there are several
local Gods and Goddesses in each village worshipped only by the
inferior castes. In Andhra Pradesh, for example, in every village the
socalled inferior castes worship the goddesses Sunkalamma,
G Gangamma, Polimeramma (the Goddess guarding the village
boundary), Yellamma (another Goddess guarding the village limits).
They celebrate Hindu festivals like Dasara, Deepawali etc. but also

H
other festivals in which the upper classes do not participate.

There are many other customs, rituals or habits of significance
which if one only cares to study them mark out the socially back-
ward classes. The weight to be attached to these factors depends
•
.., K.c.v. KUMAR v. BlARNATAKA (Chinnappa Reddy, J.) 433

upon the circumstances of the case which can only be revealed by
thoughtful, penetrating investigation and analysis. It cannot be done A
by means of mathematical formulae but only by looking in the
round or taking a look at the entire situation. Sometimes it may be
possible to readily identify certain castes or social groups as a whole
as socially forward or socially backward classes. Poverty, of course,
is basic, being the root came as well as the rueful result of social
and educational backwardness. But mere poverty it seems is not B
enough to invite the Constitutional branding, because of the vast
majority of the people of our country are poverty-struck but some
among them are socially and educationally forward and others
backward. In a country like India where 80% of the people live
below the bread-line, even the majority of the so called socially
forward classes may be poor. For example no one will think of
c
describing Brahmins anywhere in the land as socially and educatio-
nally backward however, poor they might be. The idea that poor
Brahmins may also be eligible for the benefits of Articles 15(4) and
16(4) is too grotesque even to be considered. Similarly no one can
possibly claim that the patels of Gujarat, the Kayastbas of Bengal, D
the Reddys and Kamnc lS of Andhra Pradesh are socially backward
classes, despite the fact that the majority of them may be poor
farmers and agricultural labourers. In the rural, social ladder they
are indeed high up and despite the economic backwardness of sizeable
sections of them, they can not be branded as socially backward. On
the other hand, there are several castes or other social groups who
E
have only to be named to be immediately identified as socially and
economically backward classes, identified as socially backward classes.
Again illustrating from rural Andhra Pradesh, one can easily identify
caste groups, such as, Kommaras (who traditionally carry on the
occupation of black smiths), Kummaris (who traditionally carry on F
the occupation of potters), Vadderas (who traditionally carry on the
occupation of Stone breaking), Mangalis (who traditionally carry on
the occupation of Barbers) and Besthas (who traditionally carry on
the occupation of Fisher-folk), etc. as backward classes by the mere
mention of their castes. True, a few members of those caste or social
groups may have progressed far enough and forged ahead so as to G
compare favourably with the leading forward classes economically,
socially and educationa\ly. In such cases, perhaps an upper income
ceiling would secure the benefit of reservation to such of those
members of the class who really deserve it. But one is entitled to
ask what is to happen to the poorer sections of the forward classes?
H
The State will have to-- and it is the duty of the State so to do-to
434 SUPREME COURT REPORTS (19851 SUPPL. S.C.R,

discover other means of assisting them, means other than reservations
A under Arts. 15(4) and 16(4). All this only emphasises that in the
ultimate analysis, attainmeut of economic equality is the final and the
only solution to the besetting problems. There is also one danger in
adopting individual poverty as the criterion to identify a member of
the backward classes, which needs to be pointed out. How is one
B to identify the individuals who are economically backward and,
therefore, to be ~lassificd as socially and educationally backward?
Are all those who produce certificates from an official or a legislator
or some other authority that their family incomes are less than a
certain figure to be so classified? It should be easy to visualise who
will obtain such certificates? Of course, the rural elite, the upper
c classes of the rural areas who don't pay any income tax because
agricultural income is not taxed. Who will find it difficult or
impossible to obtain such certificates? Of course, the truly lower
classes who need them most.

D Class poverty, not individual poverty, ii therefore the primary
test. Other ancillary tests are the way of life, the standard of livin&,
the place in the social hierarchy, the habits and customs, etc. etc.
Despite individual exceptions, it may be possible and easy to identify
socialy backwardness with reference to caste, with reference to resi-
E dence, with reference to occupation or some other dominant featnre.
Notwithstanding our antipathy to caste and sub-regionalism, these
are facts of life which cannot be wished away. If they reflect poverty
which is the primary source of social and educational backwardness,
they must be recognised for what they are along with other less
primary sources There is and there can be nothing wrong in
F recognising poverty wherever it is reflected as an identifiable group
phenomena whether you see it as a caste group, a sub-regional group,
an occupational group or some other class. Once the relevant facters
are taken into consideration, how and where to draw the line i• a
questionfor each State to consider since the economic and social
G conditions differ from area. Once the relevant conditions are taken
into consideration and the backwardness of a class of people is
determined, it will not be for the court to interfere in the matter.
But, lest there be any misundentanding, judicial review will r.ot stand
excluded.
H
SEN. J. In view of the importance of the question involved, l
would like to a\l<l a few words of my ow11,
. •.c.v. KUMAR v. KARNATAKA (Sen, J.) 435

The real question raised is not of excessive reservation for the
advancement of socially and educationally backward classes of citi- A
zens or for the Scheduled Castes and Scheduled Tribes under Art.
15(4) or for reservation of appointments or posts in favour of any
backward classes of citizens under Art. 16(4) which, in the opinion
of the State, is not adequately represented in the services under the
State, but the question is as to the identification of the socially and
B
educationally backward classes of citizens for whose advancement
the State may make special provisions under Art. l '(4) like those for
the Scheduled Castes and Scheduled Tribes. Conceptually, the
making of special provisions for the advancement of backward
classes of citizens under Art. I 5(4) and the system of reservation of
appointments or posts as envisaged by Art. 16(4) as guaranteed in c
the Constitution, is a national commitment and a historical need to
eradicate age-old social disparities in our country. But unfortuna-
tely the policy of reservation hitherto formulated by the Government
for the upliftment of such socially and educationally backward
classes of citizens is caste-oriented while the policy should be based
on economic criteria. Then alone the element of caste in making D
such special provisions or reservations under Arts. 15(4) and 16(4)
can be removed. At present only the privileged groups within the
backward classes i.e. tbe forwards among the backward classes reap
all the benefits of such reservation with the result that the lowest of
the low are stricken with poverty and therefore socially and econo- E
mically backward remain deprived though these constitutional
provisions under Arts. (15(4) and 16(4) are meant for their advance-
ment.

After 37 years of attainment of independence it cannot be
seriously disputed that poverty is the root cause of social and econo- F
mic backwardness. The problem is about identification of the back·
ward classes for whose benefit the State may make special provisions
under Art. 15(4). or for reservation of appointments or posts under
Art. 16(4). In view of the widesprtad public unrest in the State of
Madhya Pradesh and Gujarat in recent days, the Government at the
Centre must have a second look at the whole systeem of reservation. G
It is true that mere economic backwardness would not satisfy the
test of educational and social backwardness under Art. 15(4) but the
question is as to the criteria to be adopted. Economic backwardness
is only one of the tests to determine social and educational backward-
ness. If that test were to be the sole criterion of social and educa·
H
tional backwardness, the reservation for the advancement of such
classes to special treatment ~nder Art, 15(4) would fail.
436 SUPREME COURT REPORTS (1985] SUPPL. s.c.B..

In retrospect, the answer to the question as to who are the
A members of socially and educationally backward classes for whose
advancement the State may make special provisions under Art. 15(4)
still eludes us. Why snould not the expression 'backward classes'
be treated as synonymous with the weaker sections of the society?
Does the word 'class' denote a caste or sub-caste among Hindus so
B far as Hindus are concerned, or a section or a group so far as
Muslim, Christian or other religious communities and denomina-
tions are concerned? In my considered opinion. the predominant and
the only factor for making special provisioks under Art. 15(4) or for
reservations of posts and appointments under Art. 16(4) should be
poverty, and caste or a sub-caste or a group should be used only for
c purposes of identification of persons comparable to Scheduled Castes
or Scheduled Tribes, till such members of backward classes attain a
state of enlightment and there is eradication of poverty amongst
them and they become equal partners iu a new social order in our
national life.
D
In this context, I must point out that the adequacy or otherwise
of representation of the backward classes in the services has to be
determined with reference to the percentage of that class in the
population and the total strength of the service as a whole. The
representation does not have to exactly correspond to the percentage
E
of that class in the population; it just to be adequate. Moreover, in
the case of services the extent of representation has to be considered
by taking into account the number of members of that class in the
service, whether they are holding reserved or unreserved posts. I
cannot overemphasize the need for a rational examination of the
F whole question of reservation in the light of the observation made
by us. The State should give due importance and effect to the dual
constitutional mandates of maintenance of efficiency and the equality
of opportunity for all persons. The nature and extent of reserva-
tions must be rational and reasonable. It may be, and often is
difficult for the Court to draw the line in advance which the State
G ought not to cross, but it is never difficult for the Court to know that
an invasion across the border, however ill-defined, has taken place.
The Courts have neither the expertise nor the sociological knowledge
to define or lay down the criteria for determining what are 'socially
and educationally backward classes of citizens' within the meaning of
H
Art. 15( 4) w,iich enables the State to make 'special provisions for the
advancement' of such classes notwithstanding the command of Art.
15(2) that the State d1all not discriminate •$ainst and citizens on tM
K.c.v. KUMAR v. KARt,IATAKA (Sen, l.) 437

ground only of religion, race, caste, descent, place of birth, residence
or any of them. Art. 34,) provides for the appointment of a Commis· A
sion to 'investigate the conditions of socially and educationally back·
ward classes within the territory of India and the difficulties under
-which they labour and to make recommendations as to the steps that
should be taken by the Union or any State to remove such diffi·
culties and to improve their condition ..' The state of backwardness B
of any class of citizens is a fact situation which needs investigation
and determination by a fact finding body which has the expertise and
the machinery for collecting relevant data. The Constitution bas
provided for the appointment of such a Commission for Back.ward
Classes by the President under Art. 340 to make recommendations
and left it to the State to make special provisions for the advancement C
of such backward classes. The Court is ill-equipped to perform the
task of determining whether a class of citizens is socially and edu·
catonally backward. This Court has, however, a duty to interpret
the Constitution and to see what it means and intends when it makes
provision for the advancement of socially and educationally back· D
ward classes. In considering this situation then, we must never
forget that it is the Constitution we are expounding. Except for this
the Court has very I ittle or no function.

Questions as to the validity or otherwise of reservations have
been agitated several times before this Court and resolved. The E
frequency and vigour with which these questions are raised is a
disturbing indication of the tension and unease in society in regard
to the manner in which Art. 15(4) and Art. 16(4) are operated by the

- State. The Preamble to our Constitution shows the nation's resolve
to secure to all its citizens : Justice-Social, economic and political.
The State's objective of bringing about and maintaining social
justice must be achieved reasonably having regard to the interests of
F

all. Irrational and unreasonable moves by the State will slowly but
surely tear apart the fabric of society. It is primarily the duty and
function of the State to inject moderation into the deci>ions taken
under Arts. 15(4) and 16(4), because justice Jives in the hearts of G
men and growing sense of injustice and reverse discrimination, fuel·
led by unwise State action, will destroy, not advance, social justice. If
the State contravenes the constitutional mandates of Art. 16(1) and
Art. 335, this Court will of course, have to perform its duty.
H
T~e extent of reservation under Art. 15(4) and Art. 16(4) mus!
necessanly vary from State to State and from region to region within
438 SUPREME COURT REPORTS 11981) SUPPL. s.c.li..

a State, depending upon the conditions prevailing in a particular
A State or region, of the Backward Classes. I do feel that the Central
Government should consider the feasibility of appointing a perma·
nent National Commission for Backward Classes which must
constantly carry out sociological and economic study from State
to State and from region to region within a State. The framers of the
Constitution by enacting Art. 340 clearly envisaged the setting up of
B
such a high-powered National Commission for Backward classes at
the Centre. These problems can never be resolved through litigation
in the Courts.

I wish to add that the doctrine of protective discrimination
c embodied in Arts. 15(4) and 16(4) and the mandate of Art. 29(2)
cannot be stretched beyond a particular limit. The State exists to
serve its people. There are some services where expertise and. skill
are of the essence. For example, a hospital run by the State serves
the ailing members of the public who need medical aid. Medical
services directly affect and deal with the health and life of the
D populace. Professional expertise, berm of knowledge and expereicne,
of a high degree of technical knowledge and operational skill is
required of pilots and aviation engineers. The lives of citizens depend
on such persons. There are other similar fields of governmental
activity where professional, technological, scientific or other special
E skill is called for. In such services or posts under the Union or States,
we think there can be no room for reservation of posts; merit alone
must be the sole and decisive consideration for appointments.

F
Reasons for this decision will follow.

VENKATARAMIAH, J. The constitutional validity of certain
Government orders issued by the Government of the State of
-
Karnataka making provisions for revservation of some seats in
technical institutions and some posts in the Government services
respectively under Article 15(4) and Article 16(4) of the Constitution
of India for being filled up by students: candidates, as the case may
G
be, belonging to certain castes, tribes and communities which in the
opinion of the State Government constituted backward classes (other
than the Scheduled Castes and the Scheduled Tribes) is questioned in
these petitions.
H The questions involved in these cases are delicate ones and
have, therefore, to be tackled with great caution. The issues raised
here and the decision rendered on them are bound to have a great
t.c.v. KUMAR v. KARNATAKA (Venkataramitlh,.T.) 439

Impact on society. They are indeed highly sensitive issues. A
superficial approach to the problem has, therefore, to be avoided. A
The questions have to be tackled with sympathy for persons who are
really in need of the benign assistance at the hands of the State and
with due regard to the interests of the general public.

"India's vast and unparalleled experiment with 'protective' or B
'compensatory' discrimination in favour of 'backward sections' of her
population betokens a generosity and farsightedness that are rare
among nations. The operation of such a preferential principle invol·
ves formidable burdens of policy-making and administration in a
developing nation. It also places upon the judiciary tasks of great
complexity and delicacy. The courts must guard against abuses of
c
the preferential principle while at the same time insuring that the
government has sufficient leeway to devise effective use of the broad
powers which the Constitution places at its disposal". These are the
wise words of Marc Galanter, a member of the faculty of Social
Sciences, University of Chicago, who has made a special study of the D
problem of the Indian backward classes. The very fact that the
governmental agencies and 'above all the courts have been obliged to
examine the constitutional principles in the light of the egalitarian
pressures has in its turn opened up hardly foreseen complexities that
had lain buried in the doctrine of equality'. The society which
cherishes the ideal of equality has to define the meaning and content E
of the concept of equality and the choices open to it to bring about
an egalitarian society would always be political. But the courts have
been forced to scrutinise a variety of choices, while the rnciety for
which they have to answer has been issuing a proliferation of
demands. What is 'coming about, in short, is a transformation of p
consciousness which is tinged with sensations of injustice and
exploitation'. Many inequalities in the past seemed almost to have
been part of the order of nature. 'The categories of equality can thus
in a sense be seen to correspond to levels of a" areness. Perhaps
not all inequalities can ever be rectified and it is certain that some
can be rectified only by creating new inequalities and new grievances. G
It is this that has made the judiciary the fulcrum of such continuous
tension for it is the judiciary and above all the Supreme Court
which has the duty of mediating these conflicting demands back
to society through the prism of constitutional interpretation'. The
courts, however, deal with the problems that society presents. H
'Levels of awareness and corresponding senses of grievance have
arisen at different times for particular historical reasons. often tend·
440 SUPREME COURT REPORTS [198SJ SUPPL. s.c.n..

ing to differentiate among the categories of equality rather than unify•
A ing them. Inequalities of class, race, religion and sex have presented
themselves at different periods as primary grievances'. Equality of
opportunity revolves around two dominant principles-(!) the
traditional value of equality of opportunity and (2) the newly
appreciated-not newly conceived-idea of equality of results.
B 'Social justice may demand and political interests may make
expedient a policy of correction in favour of individual members of
minorities or communities. But at this point whenever any action
was taken the principle of individual equality of opportunity lost
its direction. Such affirmative action played off not one indiviual
of one group against another of another group, but the present
c against the past. In past many privileged persons of mediocre
ability had benefited from the indulgence of a system that unquestio-
nably biased in favour of higher castes.' 'Individual aspirations
claim the protection of society's rules. But they are not always
in harmony and. sometimes conflict with the same society's broad
D interest in achieving certain kinds of racial or group balance.' But
rectification of imbalance also sometimes tends towards in-
equality. 'Societies do not work on absolute rationality, excess of
rationality often tends to dehumanise human relations'. The
courts are also reminded that for those who are suffering from
deprivation of inalienable rights, gradualism can never be a
E sufficient remedy because as Ralph Bunche observed 'inalienable
rights cannot be enjoyed posthmously'. Ours is a 'struggle for
status, a struggle to take democracy off parchment and give it life'.
'Social injustice always balances its books with red ink'. Neither the
caprice of personal taste nor the protection of vested interests can
stand as reasons for restricting opportunities of any appropriately
F
qualified person. These are the considerations which sometimes
may be conflicting that should weigh with the courts dealing
with cases arising out of the doctrine of equality. It should,
however, be remembered that the courts by themselves are
not in a position to bring the concept of equality into fruitful
G action. They should be supported by the will of the people,
of · the Government and of the legislators. There should be
an emergence of united action on the part of all segments of human
society. This is not all. Mere will to bring about equality under the
existing economic level might worsen the situation. There should
H be at the same time a united action to increase the national
resources so that the operation of equality will be less burdensome
lt.C.V. KUMAll v. KAl!.NATAKA (Venkatrramiah, J.) 441
and every member of the society is carried to a higher social and
economic level leaving nobody below a minimum which guarantees A
all the basic human needs to every member of the society. If there
is no united action the pronouncements by courts would become
empty words as many of the high principles adumberated in the
chapter on the Directive Principles of State Policy in the Constitu·
tion have turned out to be owing to several factors which need not
be detailed here. We shall proceed to consider this case against this B
background.

In this case, the Court is called upon to resolve the conflict
between 'the meritarian principle and the compensatory principle' in
the matter of admissions into institutions imparting higher education c
and of entry into Government service in the State of Karnataka.
All the contestants depend upon one or the other clauses of the
Constitution in support of their case. Hence the problem is rende-
red more difficult. •
D
Those who argue in support of merit contend that the State
should remove all man-made obstacles which are in the way of an
Individual and allow him to attain his goal in an atmosphere of free
competition relying upon bis own natural skill and intelligence.
Those who argue for compensatory principle contend that in order
that the competition may be 'fair and not just free' it is the duty of E
the State to take note of the unequal situation of the individuals con-
cerned which has led to unequal capacities amongst them and to re-
duce the rigours of free competition which may, unless looked into
by the State, lead to perpetual denial of equality of opportunity to
the weak and the neglected sections of society. This argument is
based on the well founded assumption that unequal conditions of
cultural life at home cause unequal cultural development of children
belonging to different strata of society. The need for social action
'
is necessitated by the environment factors and living conditions of
the individuals concerned. The application of the principle of indi-
vidual merit, unmitigated by other considerations, may quite often G
lead to inhuman results. The following illustration given by Bernard
Williams estab1isbes the above statement :

"Suppose that in a certain society great prestige is
attached to membership of a warrior class, the duties of H
which require great physical strength. This class bas in
. the past been recruited from certain wealthy families
442 SUPREME COURT RJ!PORTS (1985) SUPPL. S.C.k,

only ; but egalitarian reforms achieve a change in the
A rules, by which warriors are recruited from all sections
of the society, on the results of a suitable competition.
The effect of this, however, is that the wealthy families
still provide virtually all the warriors, because the rest of
the populage is so under-nourished by reason of poverty
8 that their physical strength is inferior to that of the weal·
thy and well-no >rished. The reformers protest that equa-
lity of opportunity has not really been achieved ; the
wealthy reply that in fact it has, and that the poor now
have the opportunity of becoming warriors- it is just bad
luck that their characterMics are such that they do not
c pass the test. 'We ate not,' they might say, 'excluding
anyone for being poor, we exclude people for being
weak, and it is unfortunate that those who are poor are
also weak.'

D This answer would seem to most people feeble and
even cynical. This is for reasons similar to those discus·
sed before in connexion with equality before the law ;
that the supposed equality of opportunity is quite empty
-indeed, one may say that it does not really exht- unless
it is made more effective than this. For one knows that
E it could be made more effective : one knows that there is
a casual connexion between being poor and being under-
nourished, and between being undernourished and being
physically weak. One suppose further that something
could be done-subject to whatever economic conditions
F obtain in the imagined society to alter the distribution
of wealth. All this being so, the appeal by the wealthy
to the 'bad luck' of the poor must appear as disinge-
nuous."

The former princely State of Mysore which now forms part of
G
the State of Karnataka is one of the earliest States in the country in
which the system of reservation for backward classes in public ser·
vices was introduced. In 1918, the Government of His Highness the
Maharaja of Mysore appointed a committee under the chairmanship
H of Sir Leslie C. Miller, Chief Justice of the Chief Court of Mysore
to investigate and report on the problem of backward classes. The
questions referred to that Committee were (i) changes needed in the
then existing rules of recruitment to public services ; (ii) special
K.C.V. KUMAR v. KARNATAKA (Venkataramiah, J.) 443

facilities to encourage higher and professional education among the
members of backward classes and (iii) any other special measures A
which might be taken to increase the representation of backward
communities in the public services without materially affecting the
efficiency, due regard being paid also to the general good accruing to
the State by a wider diffusion of education and feeling of increased
status which will thereby be produced in the backward communities. 8
It is significant that the expression 'backward classes' and 'backward
communities' were used almost interchangeably and that the idea
contained in Article 335 of the Constitution that any reservation
made should not impair efficiency was anticipated more than three
decades before the Constitution was enacted. The Committee sub-
mited its report in 1921 containing its opinion that all communities c
in the State other than Brahmins should be understood as backward
communities regarding whom it made certain recommendations. The
Government orders issued on the basis of that Report continued to
be in force till 1956 i.e. the reorganisation of States which brought
together five integrating units-the former State of Maysore (inclu-
D
ding Bellary District), Coorg, four districts of Bombay, certain por-
tions of the State of Hyderabad and the district of South Kanara
and the Kolle gal Taluk which formerly formed part of the State of
Madras. There were different lists of backward communities in the
five integrating units and they were allowed to continue for sometime
even after the reorgan;sation of States. In order to bring about uni- E
formity the State Government issued a notification containing the
list of backward classes for the purpose of Article I 5(4) of the Cons-
titution at the beginning of 1959. The validity of that notification
and of another notification issued thereafter on the same topic which
according to the State Government had treated all persons except
Brahmins, Banias and Kayasthas as backward communities was F
challenged before the High Court of Mysore in Rama Krishna
Singh v. State of Maysore.(') The two notifications were struck
down by the High Court. The High Court held that inasmuch as
the impugned notifications contained a list of backward classes inclu-
ding 95% of the population of the State and all Hindu communities G
other than Brahmins, Banias and Kayasthas and all other non-Hindu
communities in the State except Anglo-Indians and Parsees had been
treated as backward classes it resulted more in a discrimination
against the few excluded communities consisting of about 5% of the
total population rather than making provision for socially and H
-----
(1) A.I.R. 1960 Mys. 338.
444 SUPREME COURT REPORTS (1985) SUPPL. S.C.R.

educationally backward classes. The High Court held that making
A provision for communities which were slightly backward to the so
called forward communities did not amount to making provision
for the communities which really needed protection under Anicle
15(4) of the Constitution. The argument of the petitioners in that
case that socially and educationally backward classes can in no case
B be determined on the basis of caste was, however, rejected. After
the above decision was rendered by the High Court, the State Go·
vernment constituted a Committee on January 8, 1960 under the
Chairmanship of Dr. R. Nagan Gowda for the purpose of determi·
ning the criteria for the classification of backward classes in the State
with the following terms of reference: (1) to suggest the criteria to
c be adopted in determining which sections of the people in the State
should be treated as socially and educationally backward and (2) to
suggest the exact manner in which the criteria thus indicated should
be followed to enable the State Government to determine the persons
who should secure such preference as may be determined by Govern-
ment in respect of admissions to technical institutions and appoint·
D ment to Government services. The said committee submitted its
Interim Report on February 19, 1960. On the basis of the Interim
Report of the Committee, the State Government passed an order
dated June 9, 1960 regarding admissions to professional and techni·
cal institutions reserving 22% of seats for backward classes, 15% for
E Scheduled Castes and 2% for Scheduled Tribes and the remaining
60% of seats were allowed to be filled upon the basis of merit. The
above Government order was challenged before the High Court of
Mysore in S.A. Partha & Ors. v. The State of Mysore & Ors.( 1) The
High Court found that the direction contained in the Government
order to the effect that if any seat or seats reserved for candidates
F belonging to the Scheduled Castes and Scheduled Tribes remained
unfilled, the same shall be filled by candidates of other backward
classes was unconstitutional. It also gave some directions regarding
the manner in which the calculation of the quota of reservation
should be made. Thereafter the Final Report was submitted by the
G Nagan Gowda Committee on May 16, 1961 · After taking into
consideration the recommendations made in the said Report, the
-
State Governmentissued an order for the purpose of Article IS (4)
of the Constitution on July 10, 1961. By that order, the State
Government specified 81 classes of people as backward classes and
H 135 classes of people as more backward classes and reserved 30% of

(1) A.l.R. 1961 Mys. 220.
K.c.v. KUMAR'· KARNATAKA (Vtnkataramiah, J.) 445

seats in the professional and technical institutions for backward and
more backward classes. 15% and 3% of the seats were reserved for A
Scheduled Castes and Scheduled Tribes respectively and the remain-
ing 52% of the seats were allowed to be filled up on merit. The
above order was superseded by a ·fresh Government order made on
July 31, 1962 for the purpose of Article 15 (4). By this new order,
28% of the seats were reserved for the backward classes, 22% for
the more backward classes, 15 per cent for the Scheduled Castes
B
and 3 per cent for the Scheduled Tribes. Thus 68 per cent of the
seats were reserved under Article 15 (4) of the Constitution and
only 32 per cent of the seats became available for being filled up on
the basis of merit. This order was challenged before this Court
under Article 32 of the Constitution in M.R. Balaji and Ors. v. State c
of Mysore.( 1) In the decision rendered in that case which is considered
to be a land-mark in the constitutional prononncements made by
this Court, Gajendrag2dkar, J. (as he then was) explained the
meaning of the term 'soci ly and educationally backward classes'
appearing in Article 15 (4) of the Constitution at pages 459-461
thus :

"The backwardness under Art. 15 (4) must be social
and educational. It is not either social or educational but
it is both social and educational ; and that takes us to the
question as to how social and educational backwardness E
has to be determined.

Let us take the question of social backwardness first.
By what test shonld it be decided whether a particular
class is socially backward or not ? The group of citizens
to whom Article 15 (4) applies are described as 'classes of F
citizens', not as castes of citizens. A class, according
to the dictionary meaning, shows division of society
according to status, rank or caste. In the Hindu social
structure, caste, unfortunately plays an important part in
determining the status of the citizen. Though according
to sociologists and Vedic scholars, the caste system may G
have originally begun on occupational or functional
basis, in course of time, it became rigid and inflexible.
The history of the growth of caste system shows that its
original functional and occupational basis was later over-
burdened with considerations of purity based on ritual H

(I) [1963] Supp. S.C.R. 439.
446 SUPREME COURT REPORTS [1985] SUPPL. S.C.R.

concepts and that led to its ramifications which intro-
A duced inflexibility and rigidity. This artificial growth
Inevitably tended to create a feeling of superiority and
inferiority and to foster narrow caste loyalties. Therefore,
in dealing with the questio11 as to whether any class of
citizens is socially backward or not, it may not be
B irrelevant to consider the caste of the said group of
citizens. In this connection, it is, however, necessary to
bear in mind that the special provision is contemplated
for classes of citizens and not for individual citizens as
such, and so, though the caste of the group of citizens
may be relevant, its importance should not be exaggerated.
c If the classification of backward classes of citizens was
based solely on the caste of the citizen, it may not always
be logical and may perhaps contain the vice of perpetuat-
ing the castes themselves.

Besides, if the caste of the group of citizens was
D made the sole basis for determining the social backward-
ness of the said group, that test would inevitably break
down in relation to many sections oflndian Society which
do not recognise castes in the conventional seme known
to Hindu Society. How is one going to decide whether
E Muslims, Christians or Jains, or even Lingayats are
socially, backward or not ? The test of castes would be
inapplicable to those groups, but that would hardly
justify the exclusion of these groups in to to from the
operation of Art. 15 (4). It is not unlikely that in some
States some Muslims or Christians or Jains forming
F groups may be socially backward. That is why we think
that though castes in relation to Hindus may be a
relevant factor to consider in determining the social

-
backwardness of groups or classes of citizens, it cannot
be made the sole or the dominant test in that behalf.
G Social backwardness is on the ultimate analysis the result
of poverty, to a very large extent. The classes of citizens
who are deplorably poor automatically became socially
backward. They do not enjoy a status in society and
have, therefore, to be content to take a backward seat. It
H is true that social backwardness which results from
poverty is likely to be aggravated by considerations of
caste to which the poor cidzens may belong, but that
11.C.V. KUMAR v. KARNATAKA (Venkataramiah, J.) 447

- only shows the relevance of both caste and poverty in
determining the backwardness of citizens.

The occupations of citizens may also contribute to
make classes of citizens Socially backward. There are
A

some occupations which are treated as inferior according
to conventional beliefs and classes of citizens who follow
B
these occupations are apt to become socially backward.
The place of habitation also plays not a minor part in
determining the backwardness of a sommunity of persons.
In a sense, the problem of social backwardness is the
problem of Rural India and in that behalf, classes of
citizens occupying a socially backward position in rural c
area fall within the purview of Art. 15 (4). The problem
of determining who are socially backward classes is un·
doubtedly very complex. Sociological, social and
economic considerations come into play in solving the
problem and evolving proper criteria for determining
which classes are socially backward is obviously a very
D
difficult task; it will need an elaborate investigation and
collection of data and examining the said data in a ratio·
nal and scientific way. Tli.at is tile function of the State
which purports to act under Art. 15 (4). All that this
Court is called upon to do in dealing which the present E
petitions is to decide whether the t"ts applied by the
impugned order are valid under Art. 15 (4). Ifit appears
that the test applied by the order in that behalf is impro-

- per and invalid, then the classification of socially back·
ward classes based on that test will have to be held to be
inconsistent with the requirements of Art. 15 (4)." F
Dealing with the question of determination of the classes which
were educationally backward, Gajendragadkar, J. (as he then was)
observed in the same case at pages 463·464 thus :

"It may be conceded that in determining the educa·
G
tional backwardness of a class of citizens the literacy test
sµpplied by the Census Reports may not be adequate ·
but it is doubtful if the test of the average of studen;
population in the last three High S~hool classes is
appropriate in dotermining the educational backwardness H
Having regard to the fact that the test is intended t~
determine who are educationally backward classes, it may
448 SUPMME COURT REPORTS (1985) SUPPL. s.c.R.

not be necessary or proper to put the test as high as has
A been done by the Committee. But eren assuming that the
test applied is rational and permissible under Art. 15 (4),
the question still remains as to whether It would be legiti·
mate to treat castes or communities which are just below
the State average as educationally backward classes. If the
B State average is 6.9 per thousand, a community which
satisfies the said test or is just below the said test cannot
be regarded as backward. It is only communities which are
well below the State average that can properly be regarded
as educationally backward classes of citizens. Classes of
citizens whose average of student popnlation works below
c 50 per cent of the State average are obviously edn-
cationally backward classes of citizens. Therefore, in our
opinion, the State was not justified in including in the
list of Backward Classes, castes or communities whose
average of student population per thousand was slightly
above or very near, or just below the State average."
D 1--
(underlining by us)

Applying the above rule the Court held that the inclusion of
members of the Lingayat community in the list of backward
classes was erroneous. On the question of extent of reservation that
E can be made, this Court observed in the aforesaid case at pages
469-471 thus :

"The learned Advocate-General has suggested that
reservation of a large number of seats for the weaker

F
sections of the society would not affect either the depth
or efficiency of scholarship at all, and in support of this
argument, he has relied on the observations made by the
-
Backward Classes Commission that it found no complaint
in the States of Madras, Andhra, Travancore-Cochin and
Mysore where the system of recruiting candidates from
other Backward Classes to the reserve quota has been in
G vogue for several decades. The Committee further
observed that the representatives of the upper classes did
not complain about any lack of efficiency in the offices
recruited by reservation (p. 135). This opinion, however,
is plainly inconsistent with what is bound to be the
H inevitable consequence of reservation in higher university
education. If admission to professional and technical
colleges is unduly liberalised it would be idle to contend

1
K.c.v. KUMAR v. KARNATAl:A (Venkataramioh, J.) 449

that the quality of our graduates will not suffer. That is
not to say that reservation should not be adopted ; A
reservation should and must be adopted to advance the
prospects of the weaker sections of society, but in provid-
ing for special measures in that behalf care should be
taken not to exclude admission to higher educational
centres to deserving acd qualified candidates of other
communities. A special provision contemplated by Art. B
15 (4) like reservation of posts and appointments
contemplated by Art. 16 (4) must be within reasonable
limits. The interests of weaker sections of society which
are a first charge on the States and the Centre have to
be adjusted with the interests of the community as a
whole. The adjustment of these competing claims is
c
undoubtedly a difficult matter, but if under the guise of
making a special provision, a State reserves practically
all the seats available in all the colleges, that clearly
would be subverting the object of Art. 15 (4). In this
matter again, we are reluctant to say definitely what D
would be a proper provision to make. Speaking generally
and in a brood way, a special provision should be less than
50 per eent ; how much less than 50 per cent would
depend upon the relevant prevailing circumstances in each
case. In this particular case, it is remarkable that when
E
the State issued its order on July 10, 1961, it emphatically
expressed its opinion that the reservation of 68 per cent
recommended by the Nagan Gowada Committee would
not be in the larger interests of the State. What happened
between July 10, 1961 and July 31, 1962, does not appear
on the record. But the State changed its mind and adop- F
ted the recommendation of the Committee ignoring its
earlier decision that the said recommendation was
contrary to the larger interests of the State. In our
opinion, when the State makes a special provision for
the advancement of the weaker sections of society
specified in Art. 15 (4), it has to approach its task
G
objectively and in a rational manner. Undoubtedly, it
has to take reasonable and even generous steps to help
the advancement of weaker elements ; the extent of the
problem must be weighed, the requirements of the
community at large must be borne in mind and a formula e
must be evolved which would strike a reasonable balance
between the several relevant ccnsider~tions Therefore ?
. - I . '
450 SUPREME COURT REPORTS (1985] IUPPL, l.C.R.

we are satisfied that the reservation of 68 per cent direc-
A ted by the impugned order is plainly inconsistent with
Art. i5 (4)." (Emphasis added)

The petition was thus allowed by this Court.

B Then came the Government order dated July 26, 1963 which
directed that 30 per cent of the seats in professional and technical
colleges and institutions should be reserved for backward classes
as defined in that order and that 18 per cent of the seats should be
reserved for the Scheduled Castes and Scheduled Tribes. The
criteria laid down in that order for determining social and economic
c backwardness were two-fold-income and occupation. It stated that
those who followed occupations of agriculture, petty business,
inferior service, crafts or other occupations involving manual labour
and whose family income was less than Rs. 1,200/- per aunum were
to be treated as belonging to backward classes. This order was
questioned before the High Court in D.G. Viswanath v. Govt.
D
of Mysore and Ors.(') by some petitioners on various grounds. While
dismissing the said petitions, the High Court observed that tht
determination of the backward clasies without reference to caste
altogether was not correct and it expressed the hope that the State
would make a more appropriate classification lest its bona fides
E should be questioned. In the appeal filed against this judgment in
R. Chitralekha and Anr. v. State of Mysore and Ors.,(') the correctness
of the above observation was questioned. Dealing with that question
Subba Rao, J. (as he then was), who spoke for the majority, said
that the observations of the High Court referred to above were
inconsistent with the decision in Ba/aji's case (supra). After referring
F
to the relevant observations made by this Court in Balaji' s case
(supra), Subba Rao, J. (as he then was) observed at pages 386-387
thus:

"Two principles stand out prominently from the said
G observations, namely, (i) the caste of a group of citizens
may be a relevant circumstance in ascertaining their social
backwardness ; and (ii) though it is a relevant factor to
determine the social backwardness \)f a class of citizens,
it cannot be the sole or dominant test in that behalf,
H
(1) A.i.R. 1964 Mys. 132.
<2J (1964! 6 s,c.R. 366,
K.c.v. KUMAR'· KARNATAKA (Venkataramlah, J.) 451

The observations extracted in the judgment of the High
Court appear to be in conflict with the observations of A
this Court. While this Court said that caste is only a
relevant circumstance and that it cannot be the dominant
test in ascertaining the backwardness of a class ofcitizens,
the High Court said that it is an important basis in
determining the class of backward Hindus and that the B
Government should have adopted caste as one of the
tests. As the said observations made by the High Court
may lead to some confusion in the mind of the authority
concerned who may be entrusted with the duty of
prescribing the rules for ascertaining the backwardness of
classes of citizens within the meaning of Art. 15 (4) of c
the Constitution, we would hasten to make it clear that
caste is only a relevant circumstance in ascertaining the
backwardness of a class and there is nothing in the judg·
ment of this Court which precludes the authority concerned
from determining the social backwardness of a group of 0
cltizens if it can do so without reference to caste. While
this Court has not excluded caste from ascertaining the
backwurdness of a class of citizens, it has not made it one
of the compelling circumstances affording a be sis for the
ascertainment of backwardness of a class. To put it
differently, the authority concerned may take caste into E
consideration in ascertaining the backwardness of a group
of persons ; but, if it does not, its order will not be bad

- on that account, if it can ascertain the backwardness of a
group of persons on the basis of other relevant criteria."
(Underlining by us)

Proceeding further, Subba Rao, J. (as he then was) observed
at pages 388-389 thus :
F

"The important factor to be noticed in Art. 5(4) is
that it does not speak of castes, but only speaks of classes. G
If the makers of the Constitution intended to take castes
also as units of social and educational backwardness, they
would have said so as they have said in the case of the
Scheduled Castes and the Scheduled Tribes. Though it
H
may be suggested that the wider experession "classes" is
used in cl, (4) of Art. 15 as there are communities without
castets, if the intentioll was to e<\uate classes with castes!
452 SUPRBMB COURT REPORTS (1985) SUPPL. l.C.R,

nothing prevented the marks of the Constitution from
A using the expression "backwarded classes or castes".
The juxtaposition of the expression "backward
classes" and "Scheduled Castes" in Art. 15(4) leads
leads to a reasonable inference that the expression
"classes" is not synonymous with castes. It may be that
for ascertaining whether a particular citizen or a group of
B citizens belong to a backward class or not, his or their
caste may have some relevance, but it can not be either
the sole or the dominant criterion for ascertaining the
class to which he or they belong.

c This interpretation will carry out the intention of the
Constitution expressed in the aforesaid Articles. It helps
the really backward classes instead or promoting the inte-
rests of individuals or groups who, though they belong to
a particular caste a majority whereof is socially and
educationally backward, really belong to a class which is
D socially and educationally advanced. To illustrate, take a
caste in a State which is numerically the largest therein.
It may be that though a majority of the people in that
caste are socially and educationally backward, an effective
minority may be socially and educationally far more ad-
vanced than another small-sub-caste the total number of
E which is far less then the said minority. If we interpret the
expression "classes" as "castes" the object of the Consti-
tution will be frustrated and the people who do not

F
deserve any adventitious aid may get it to the exclusion of
those who really deserve. This anomally will not arise if,
without equating caste with class, caste is taken as only
one of the considerations to ascertain whether a person
belongs to a backward class or not. On the other hand, if
-
the entire sub-caste, by and large, is backward, it may be
included in the Scheduled Castes by following the appro-
priate procedure laid down by the Constitution".
G
In 1972, the State Government appointed the Karnataka
Backward Classes Commission under the chairmanship of Shri
L. G. Havanur which after an elaborate enquiry submitted its Report·
H on November 19, 1915 in four massive volumes, the first volume
containing two parts. It is stated that the commission counted a
socio-economic survey of 378 villages and town/city blocks in
their entirety coverin!! more th~n 3~55,000 individuals belon~n!! IQ
1:.c.v. KUMAR v. KARNATAKA (J!enkataramiah, J,) 453
171 castes and communities with the help of more than 425
investigators and supervisors. About 365 witnesses were examined by A
the Commission. The Report of the Commission is full of tabular
statements and it refer to a number of writings by sociologists, demo•
graphers, jurists and persons will versed in social sciences. The work
of the Commission deserves to be commended a s such an extensive
investigation into the conditions of backward classes had not been
conducted in the State so far. Perhaps till than in no other part of
B
India, such on elaborate investigation bad been carried out with
referenceto so many minute details. The commission recommended
that persons belonging to backward classes for purpose of Article
15(4) of the Constitution should be divided into three groups-
(a) backward communities consisting of 15 castes, (b) backward c
castes consisting of 128 castes and (c) backward tribes consisting
of 62 tribes. For purposes of Article 16(4) of of the Constitution,
the Commission divided the backward classes into (a) backward
communities consisting of 9 castes. (b) backward castes con-
sisting of 115 castes and (c) bachard tribes consisting of 61
tribes. According to the Commission, backward communities were D
those castes whose student average of students passing S. S. L. C.
examination in 1972 per thousand of population was below the State
average (which was l.69 per thousand) but above 50 per cent of the
State average and backward castes and backward tribes were those
castes and tribes whose student average was below 50 per sent of the E
State average except in the case of Dombars and Voddars and those
who were Nomadic and de-notified tribes. The total population of
these backward classes (other then Scheduled Castes and Scheduled
Tribes), according to the Commission, was about 45 per cent of the
total population of the State. The difference between the two lists-
one under Article 15(4) and the other under Article 16(4) of the Con-
stitution was due to the exclusion of certain communities, castes and
F
tribes which were sociall~ and educationally backward but which had
adequate representation in the services from the list prepared for the
purpose of Article 16(4). The Commission recommended both for
purpose of Article 15(4) and Article 16(4) the following percentage of
reservations :
G

(i) Backward communities 16 percent
(ii) Backward castes 10 percent
H
(iii) Backward tribes 6 percent
'
------
Total : 32 percent
454 SUPREME COURT REPORTS (1985) SUPPL. s.c.k.

-
The above reservation of 32 per cent along with 18 per cent re-
A served for Scheduled Castes and Scheduled Tribes together amounted
to 50 per cent of the total seats or posts, as the case may he. The
Commission further recommended that if seats/posts remained un-
filled in the quota a)lotted to backward tribes, they should be made
over to backward communities and backward castes. Similarly if
seats/posts remain unfilled in the quota allotted to backward castes,
B
they should be made over to backward communities and backward
tribes. If, however, seats/posts remain unfilled in the quota allotted
to any of those three categories, they should be made over to Sche-
duled Castes and Scheduled Tribes. In the event of seats/posts
remaining unfilled by any of these categories, they should be
c transferred to the general pool.

After considering the Report of the Backward Classes Commis-
sion, the State Government issued an order dated February 22, 1977
the material part of which read as follows :
D
"l. After careful consideration of the various recom·
mendations made by the Commission, Government are
pleased to direct as follows :

I. The Backward Communities, Backward Castes and
E Backward Tribes as mentioned in the list appended to this
Order shall be treated as Backward Classes for purposes
of Article 15(4) and Article 16(4) of the Constitution of
India. Only such citizens of these Backward Classes whose
family income per annum from all sources is Rs. 8,000
(Rupees eight thousand only) and below shall be entitled
to special treatment under these Articles.

II. The following five categories of citizens shall be
considered as a special group and such citizens of this
Spe.ial Group whose family income is Rs. 4,800 (Rupees
G Four Thousand Eight Hundred only) and below per
annum shall be eligible for special treatment under these
Articles :

(i) an actual cultivator;
H
(ii) an artisan;

(iii) a petty businessman;
IC.<;.v. KUMAR v. KARNATAKA (Venkataramtah. J.) 455

(iv) one holding an appointment either in Govern-
ment service or corresponding services under A
private employment including casual labour; and

(v) , any person self employed or engaged in any
occupation involving manual labour.
B
Note :- Family income under sub-paras I and II above
means i~come of the citizen and his parents and if either
of the plirents is dead, bis legal guardian.

III. To fix the reservation for purposes of Articles C
15(4) ai\d 16(4) of the Constitution in respect of the
Backward Classes and the Special Group of citizens at 40
per cent, the allocation being as follows :

(a) ;Backward Communities 20 (twenty per cent) D
(b) Backward Caste• 10 (ten per cent)

(c) Backward Tribts 5 (five per cent)

(d) ~pecial Group 5 (fiive per cent) E

In the list of Backward communities mentioned in the Govern-
ment order, the State Government included 'Muslims' thus making
a total of 16 backward communities. In the list of backward castes,
there were 129 castes including converts into Christianity from F
Scheduled Castes/Scheduled Tribes upto second generation and 62
Schedules Trib~s. The reservation for backward classes was 40 per
cent and taken along with l 8 per cent for Scheduled Castes and
Scheduled Tribes, the total reservation of seats/posts came to 58 per
cent leaving only 42 per cent for merit pool. By an order dated
May I, 1979, tllo reservation for backward communities was reduced
G
to 18 per cent £or purposes of Article 16(4). By an order dated
June 27, 1979, the State Government modified the Government order
dated February,22, 1977 by increasing the reservation for 'Special
Group' from 5 per cent to 15 per cent both [or purposes of Article
15(4) and Article 16(4) of the Constitution. Thus as on date, the
B
total reservatioti for purposes of Article 15(4) in 68 per cent and
for purposes of Article 16(4) is 66 per cent. There are only 32 per
456 SUPlllliE COURT REPORTS [1985] SUPPL. s.c.i\,

cent seats in professional and technical colleges and 34 per cent posts
A
in Government services which can he filled up on the basis of merits.

In these writ petitions filed under Article 32 of the Constitu·
tion the above Government orders dated February 22, 1977 as
modified by the Government orders dated May I, 1979 and June 27,
B 1979 are challenged.

It should be stated here that the Government orders dated Feb-
ruary 22, 1977 and another notification dated March 4, 1977 issued
for purposes of Article 16(4) had also been challenged in a number
of writ petitions filed under Article 226 of the Constitution before
c the High Court of Karnataka in S.C. Somashekarappa & Ors. v. State
of Karnataka & Ors.( 1) The High Court allowed the writ petitions
in part. It quashed the inclusion of 'Arasu' community in the list of
'Backward Communities' both for purposes of Article 15(4) and
Article 16(4). It also quashed inclusion of the (i) Balaja,(ii) Devadiga,
D (iii) Gangia, (iv) Nayinda, (v} Rajput and (vi) Satani in the list of
backward communties and the inclusion of (I) Banha, (2) Gurkha,
(3) Jat, (4) Konga, (5) Kotari, (6) Koyava, (7) Malayali, (8) Mani-
yanani or (Muniyani), (9) Padarti, ( 10) Padiyar, (I I) Pandavakulam,
(12) Raval and (13) Rawat in the list of Backward Castes for pur-
poses of Article 16( 4) of the Constitution. Reservation of 20 per
E cent made for Backward Communities in the State Civil Services
under Article 16(4) was quashed reserving liberty to the State
Government to determine the extent of reservation in accordance
with Jaw. The classification and reservation in other respects was
upheld. S.L.P. (Civil) No. 6656 of 1979 is filed against the said
F judgment of the High Court under Article 136 of the Constitution.
The two Government orders dated May I, 1979 and June 27, 1979
refered to above modifying the earlier Gouernment orders were
passed after the judgment of the High Court was pronounced, as
stated above.
G Volumes have been written on the caste system prevailing in
India. The caste (varna) has its origin in antiquity. We find reference
to it in the vedic lore and in the great epics, in the Smritis and in
the Puranas. Purusha Sukta refers to the prevalance of the four
Varnas (easte) (See Rig Veda X-90-12). The Lord says in the
H
(I) Writ Petition No. 4371of1977 and connected writ petitions disposed
of on April 9, 1979.
K.c.v. KU~AR v. KARNATAKA (Veukataramiah, J,) 457

Bhagavadgita (IV-, 13) that the fourfold caste was created by him
by the varying distribution of guna and karma. Varna Dharma is A
extold in many ancient treaties. However laudable the division of
society into different castes at the commencement might have been,
during the several' centuries that followed these castes became
petrified making mobility from one caste to another almost imrossi-
ble. The caste of a person was known by his birth. There arose in
B
course of time a sobial hierachy built upon the caste system. The
stigma of low caste'was attached to a person during his whole life
with all the attendant
'
disadvantages. Karua, the tragic hero of the
Mahabharata tho~gh born of a Kshatriya princess had to suffer
'

ignominy during hi s entire life time as he came to be known as the
c
1

son of a charioteen (Suta) belonging to a low caste. He was made
to say 'I may be a charioteer or a charioteer's son. I may be any-
body. What does it mat.er ? Being born in a (high) caste is God's
will but valour belongs to me.' (See Veni Samhara by Bhatta
Narayana).
D
There were many sub-castes of different degrees in the
hierarchy. Some ~ere even treated as untouchables. People of low
castes became sQCially backward and they in their turn neglected
studies. Thus th~y became socially and educationally backward.
This part of the Indian history is dismal indeed. A page of history
is worth a volume of lo1;ic. E

- We are aware of the meanings of the words caste, race, or
tribe or religious 'minorities in India. A caste is an association of
families which pr~ctice the custom of endogamy i.e. which permits
marriages amongst the member< belonging to such families only.
Caste rules prohibit its members from marrying outside their caste.
There are subgroups amongst the castes which sometimes inter
F

marry and sometimes do not. A caste is based on various factors,
sometimes it may be a class, a race or a racial unit. A caste has
nothing to do with wealth. The caste of a person is governed by his
birth in a family:I Certain ideas of ceremonial purity are peculiar to G
each caste. Sonietimes caste practices even led to segregation of
same castes in, the villages. Even the choice of occupation of
members of c~stes was predetermined in many cases, and the
members of a particular caste were prohibited from engaging them-
II
selves in other types of callings, prefessions or occupations. Certain
occupations were considered to be degrading or impure. A certain
amount of rig\aity developed in several matters and many who
458 WPREMB COURT REPORTS (1985] SUPPL. s.c.l.

belonged to castes which were lower in social order were made to
A suffer many restrictions, privations and humiliations. Untouchability
was practised against members belonging to certain castes. Inter·
dining was prohibited in some cases. None of these rules governing a
caste had anything to do with either the individual merit of a person
or his capacity. The wealth owned by him would not save him
B from many social discriminations practised by members belonging
to higher castes. Children who grew in this caste-ridden atmosphere
naturally suffered from many social disadvantages apart from the
denial of opportunity to live in the same kind of environment in
which persons of higher castes lived. Many social reformers have
tried in the fast two centuries to remove the stigma of caste from
c which people born in lower castes were suffering. Many Jaws were
also passed prohibiting some of the inhuman caste practices. Article
15 (2) of the Constitution provides that no citizen shall on grounds •
only of religion, race, caste, sex, place of birth or any of them be
subject to any disability, liability, restriction, or condition with
D regard to (a) access to shops, public restaurants, hotels and places of
public entertainment or (b) use of wells, tanks, bathing ghats,
roads and places of public resort maintained wholly or partly out
of State funds or dedicated to the use of the general public. Article
16 (2) declared that no person shall be ineligible to hold any civil
post on grounds of religion, race, caste or descent. Article 17
E abolished 'untouchability' and its practice in any form. Yet the
disadvantages from which many of the persons who belonged to
various lower castes were suffering are still persisting notwithstand·

F
ing the fact that some of them have progressed economically.
socially and educationally. Pandit Jawaharlal Nehru writes on the
social problems created by the caste system which is peculiar to
-
India in those terms :

"The conception and practice of caste embodied the
aristocratic ideal and was obviously opposed to demo-
G cratic conceptions. It had its strong sense of noblesse
oblige, provided people kept to their hereditary stations
and did not challenge the established order. India's
success and achievements were on the whole confined to
the upper classes ; those lower down in the scale had very
H few chances and their opportunities were strictly limited.
These upper classes were not small limited groups but
large in numbers and there was a diffusion of power,
authority and influence. Hence they carried on successfully
IC.b.v. KUMAR v. KARNATAKA (Venkataramiah, J.) 459

for a very Jong period. But the ultimate weakness and
1

failing of the caste system and the Indian social structnre A
were that they degraded a mass of human beings and
gave tljem no opportunities to get out of that condition-
educationally, culturally, or economically. That degrada·
tion brought deterioration, all along the line including in
its scope even the upper classes. It Jed to the petrification B
which became a dominant feature of India's economy
and life. The contrasts between this social structure and
those existing elsewhere in the past were not great, but
with the changes that have taken place all over the world
duriog the past few generations they have become far
1

more pronounced. In the context of society today, the c
caste system and much that goes with it are wholly
incom(jatible, reactionary, restrictive and barriers to pro-
gress. There can be no equality in status and opportunity
within its framework nor can there be political democracy
and milch less economic democracy. Between these two D
conceptions conflict is inherent and only one of them can
survive." (Jawaharlal Nehru : 'The Discovery of India'
1974 E~n. Chapter VI at pp. 256-257).

An examination of the question in the background of the E
Indian social conditions shows that the expression 'backward
classes' used in the Constitution referred only to those who were
born in parricular castes, or who belonged to particular races or

- tribes or religious minorities which were backward.

It is now necessary to ascertain the true meaning of the
expression 'backward classes' found in Articles 15, Article 16,
F

Article 338 (3) and Article 340 of the Constitution. Article 338 and
Artlcle 340 are in Part XVI of the Constitution entitled 'special
1

provisions relating to certain classes'. The corresponding part in
the Draft Constitution was Part XIV entitled 'special provisions
relating to minorities' which contained nine Articles, Articles 292 to G
301. Article 292 of the Draft Constitution referred to reservation
of seats for, minorities in the House of the People, the minorities
being, the Muslim community and the Scheduled Castes, certain
Scheduled Tribes and the Indian Christian community. Article 293
of the Draf\ Constitution made special provision regarding the
H
representation of the Anglo·Indian community in the House of the
People. Article 294 of the Draft Constitution dealt with reservation
460 SUPJ\llMll COURI J\llPORTS (1985] SUPPL. S.C R.

of seats for the Muslim community, Scheduled Castes, certain
A Scheduled Tribes and the Indian Christian community iu the State
Legislatures. Article 29 5 of the Draft Constitution authorised the
Governor to nominate a representative of the Anglo-Indian
community to a State Legislature in certain cases. Article 296 of the
Draft Constitution required the Union and the States to appoint
B members belonging to all minority communities in the State services
consistently with the maintenance of efficiency of administration.
Article 297 of the Draft Constitution required the Union to appoint
members of the Anglo-Indian community in certain services as
stated therein and Article 298 of the Draft Constitution provided
for certain educational concessions to the Anglo· Indian community
c over a certain specified period. Article 299 of the Draft Constitution
required the President to appoint a Special Officer for minorities
for the Union and the Governor to appoint a Special Officer for
minorities for a State. Administration of Scheduled areas and
welfare of certain Scheduled Tribes were entrusted to the President
D by Article 300 of the Draft Constitution and it made provision for
appointment of a commission for that purpose. Article 301 of the
Draft Constitution authorised the President to appoint a commission
to investigate the conditions of socially and educationally backward
classes. It read as follows :

E
"301. (I) The President may by order appoint a
Commission consisting of such persons as he thinks fit to
invessigate the conditions of socially and educationally

F
backward classes within the territory of India and the
difficulties under which they labour and to make
recommeadations as to the steps that should be taken by
-
the Union or any State to remove such difficulties and to
improve their condition and as to the grants that should
be given for the purpose by the Union or any State and
the conditions subject to which such grants should be
given, and the order appointing such Commission shall
G define the procedure to be followed by the Commission.

(2) A Commission so appointed shall investigate the
matters referred to them and present to the President a
H report setting out the facts as found by them and making
such recommendations as they think proper.
K.c.v. KUMAR'· li:ARNATA!i:A (Venkataramiah, J.) 461

(3) The President shall cause a copy of the report so
1

presented, together with a memorandum explaining the A
action taken thereon to be laid before Parliament."

The Corlstituent Assembly after considering the report of the
Advisory Committee appointed on July 24, 1947 for the purpose of
making its re~ommendations on the provisions contained in Part B
XIV of the Draft Constitution referred to above adopted a resolution
moved by Sardar Vallabhbhai Patel which read as follows :

"Resolved
'
that the Constituent Assembly do proceed
to take into consideration the Report dated the I Ith May
1949 on the subject of certain political ;afeguards for C
minoriti~s submitted by the Advisory Committee appoin-
ted by the resolution of the Assembly on 24th January
I 47.

Resolved further-
D
(i) t~at notwithstanding any decisions already taken
by the Constituent Assembly in this behalf, the provisions
of Part XIV of the Draft Constitution ofJndia be so
amended as to give effect to the recommendations of the
Advisory: Committee contained in the said report ; and
1

E
(ii) that the following classes in East Punjab, namely,
Mazhbis; Ramdasias, Kabirpanthis and Sikligars be
included in the list of Scheduled Castes for the Province
so that they would be entitled to the benefit of representa-
tion in t!Je Legislatures given to the Scheduled Castes". F

(Vide 'the Framing of India's Constitution by B. Shiva
Rao, Volf IV p. 606).

In the Revised Draft Constitution which was introduced in the G
Constituent As.embly on November 3, 1949, the provisions relating
to minorities were incorporated in Part XVI and the title of that
Part read as 'Special Provisions Relating to Minorities' and it con-
tained thirteen, Articles, Article 330 to Article 342. Article 330
provided for ikservation of seats for Scheduled Castes and certain H
Scheduled Tribes in the Lok Snbha and Article 332 provided for
reservation for them in the Legislative Assemblies of States. Article
331 and Articlt 333 dealt with domination of representatives of the
462 SUPREME COURT REPORTS (1985] SUPPL. S.C.lt.
Anglo-Indian community respectively to the Lok Sabha and the
A Legislative Assemblies of States. Article 334 fixed the period during
which reservations and nominations could be made under the above
said Articles. Article 33> required the Union and the States to
recognise the claims of members of the Scheduled Castes and the
Scheduled Tribes consistently with the maintenance of efficiency of
administration in the making of appointments by the Union or the
B States, as the case may be. Article 336 contained special provision
for the Anglo-Indian community in certain services during the first
two years after the commencement of the Constitution and Article
337 contained special provision with respect to educational grants for
the benefit of the Anglo-Indian community during a certam
c period after the commencement of the Constitution. Article 338
required the President to appoint a Special Officer for Scheduled
Castes and Scheduled Tribes. Article 338(3) stated that references
to Scheduled Castes and Scheduled Tribes in Article 338 should be
construed as references to such other backward classes as the Presi-
dent might on receipt of the report of the Commission appointed
D under Article 340 by order specify and also to the Anglo-Indian
community. Article 340 provided for the appointment of a Commis-
sion by 1he President to investigate the conditions of socially and
educationally backward classes and the difficulties under which they
labour, Article 341 and Article 342 explained what the terms
E 'Scheduled Castes' and 'Scheduled Tribes' meant. The above Arti·
cles (Art. 330 to Art. 342 of the Revised Draft of the Constitution)
were finally passed by the Constituent Assembly with the amendment
that for the word 'minorities' wherever it occurred in Part XVI, the
words 'certain classes' be substituted. The beading of the Part was,
therefore, changed to 'Special Provisions Relating to Certain Classes'.
F
It is significant that the expression 'backward classes used in
Part XVI of the Constitution and the particular in Article 338(3) is
used along with the Scheduled Castes, the Scheduled Tribes and the
Anglo-Indian Community. In the original Draft Constitution, the
Muslim community and the Indian Christian community also bad
G been referred to in Part XVI. In the course of the debates, the

H
question of the members of the Sikh community was also considered
along with these communities. The meaning of backward classes
has, therefore, to be deduced having regard to the other words preced-
ing it. It is a rule of statutory construction that where there are
-
general words following particular and specifie words, the general
words must be confined to things of the same kind as those specified.
It is true that this rule which is called as the ejusdem generies rule or
IC.c.v' ICUMAR '· ICARNATAICA (Venkataramlah, J.) 463

the rule noscitu~ a socis cannot be carried too far. But it is reasona-
ble to apply t~at rule where the specific words refer to a distinct A
genus or category. The Scheduled Castes are those castes, races and
tribes or parts of or groups within the castes, races and tribes which
are specified in lhe Public Notification issued by the President under
Article 341(1). 'Similarly Scheduled Tribes are those tribes or tribal
communities or parts of or groups of within tribes or tribal B
communities which are specified in the Public Notification issued by
the President under Article 342(1 ). This is clear from the definitions
of'Scheduled Castes' and 'Scheduled Tribes' in Article 366(24) and
Article 366(25)., The notifications issued under Article 341 and
Article 342 can be modified only by a law made by the Parliament
(Vi de Article 34 i(2) and Article 342(2). It is thus seen that Part XVI c
of the Constitution deals with certain concessions extended to certain
castes, tribes and races which are Scheduled Castes and Scheduled
Tribes and to the Anglo·Indian community. In the above context if
Article 338(3) and Article 340 are construed, the expression 'back-
ward classes' can, only refer to certain castes, races, tribes or commu- D
nities or parts thereof other than Scheduled Castes, Scheduled Tribes
and the Anglo· Indian community, which are backward. Thus view
also gains support from the resolution regarding the aims and objects
of the Constitution moved by Pandit Jawaharlal Nehru in the Con-
stituent A&sembly on December 13, 1946. He said:
E
"I beg to move :

(I) This Constituent Assembly declares its firm and
solemn resolve to proclaim India as an Independent
Sovereisn Republic and to draw up for her future
governance a Constitution;
,
(2) Wherein' the territories that now comprise British
India, tlle territories that now form the Indian States.
and such other parts of India as are outside British
India at the States as well as such other territories as G
are willing to be constituted into the Independent
Sovereign India, shall be a Union of them all ; and

(3) Wherein the said territories, whether with their pre-
sent boundaries or wiih such others as may be
H
determined by the Constituent Assembly and there
after according to the Law of the Constitution, shall
464 SUPREME COURT REPORTS (1985) SUPPL. S.C.R.

possess 'and retain the status of autonomous Units,
together with residuary powers, and exercise all
powers, and exercise all powers and functions as are
vested in or assigned to the Union, or as are inherent
or implied in the Union or resulting therefrom; and

(4) Wherein all power and authority of the Sovereign
B Independent India, its constituent parts and organs of
government, are drived from the people; and

(5) Wherein shall be guaranteed and secured to all the
people of India justice, social, economic and politi·
c cal; equality of status, of opportunity, and before the
law, freedom of thought, expression, belief, faith,
worship, vocation, association and action, subject to
law and public morality; and

(6) Wherein adequate safeguards shall be provided/or
D minorities, Backward and tribal areas, and depressed
and other backward classes; and

(7) Wherein shall be maintained the integrity of the terri·
tory of the Republic and its sovereign ri2hts on land,
E sea, and air according to Justice and the law of
civilised nations; and

(8) this ancient land attains_ its rightful and honoured
place in the world and make its full and willing con·
tribution to the promotion of world peace and the
Jl welfare of mankind." (Underlining by us)

Clause (6) of the above resolution which was later adopted by
the Constituent Assembly pledged to make adequate safeguards in
the Constitution for 'minorities, backward and tribal areas and
depressed and other backward classes'. The above resolution and
G
the history of the enactment of Part XVI of the Constitution by the
Constituent Assembly lead to the conclusion that backward classes
are only those castes, races, tribes or communtios, which are identi·
fied by birth, which are backward. It is, there fore, difficult to hold
H that persons or groups of persons who are backward merely on
account of poverty which is traceable to economic reasons can also be
considered as backward classes for purposes of Article 16(4) and Part
XVI of the Constitution.
K.C.V. llUMAR v. KARNATAKA (Venkataramiah, J.) 465

The word 'backward' was not there before the words 'class of
citizens' in Article 10(3) of the original draft of the Constitution (the A
present Article 16(4)). The Drafting Committee presided over by
Dr. B.R. Ambedkar deliberately introduced it. Dr. Ambedkar gave
the reason for introducing that term as follows :

"Supposing, for instance, reservations were made for a B
community or a collection of communities, the total
of which came to something like 70 per cent of the
total posts under the State and only 30 per cent are
retained as the unreserved, could anybody say that the
reservation of 30 per cent as open to general competition
would be satisfactory from the point of view of giving c
effect to the first principle, namely that there sha!J he
equality of opportunity? It cannot be in my judgment.
Therefore the seats to be reserved, if the reservation is to
be consistent with sub-clause (!)of Article 10, must be
confined to a minority of seats. It is then only that the D
first principle could find its place in the Constitution and
effective (sic) in operation. If Honourable Member under·
stand this position then we have to safeguard two things,
namely, the principle of equality of opportunity and at the
same time satisfy the demand of communities which have
not had so far representation in the state, then, I am sure E
they will agree that unless you use some such qualifying
phrase as "backward" the exception made in favour of
reservation will ultimately eat up the rule altogether.
Nothing of the rule will remain." (Vide Constituent
Assembly Debates, 1948-1949, Vol. VII, pp. 701-702).
F
The Drafting Committee by qualifying the expression classes
of citizens' by 'backward' in Article 16(4) of the Constitution tried to
reconcile three different points of view and produced a workable
proposition which was acceptable to all, the three points of view
being (I) that there should be equality of opportunity for all citizens G
and that every individual qualified for a particular post should be
free to apply for that post, to sit for examinations and to have his
qualifications tested so as to determine whether he was fit for the post
or not and that there ought to be no limitations, there ought to be
no hindrance in the operation of the principle of equality of oppor•
II
tunity; (2) that if the principle of equality of opportunity was to be
operative there ought to be no r~s~rva(ions of an¥ sort for an¥ class or
466 SUPRBMB COUl!.T REPORTS [1985] SUPPL. S,C,R.

eommunity at all and that all citizens if they are qualified should be
A placed on the same footing of equality as far as public services were
concerned and (3) that though the principle of equality of opportunity
was theoritically good there must at the same time be a provision
made for the entry of certain communities which have so far been
outside the administration. The whole tenor of discusion in the
B Constituent Assembly pointed to making reservation for a minority
of the population including Scheduled Castes and Scheduled Tribes
which were socially backward. During the discussion, the Constitu-
tion (First Amendment) Bill by which Article 15(4) was introduced,
Dr. Ambedkar referred to Article 16(4) and satd that backward
classes are 'nothing else but a collection of certain castes' (Parila-
c mentary Debates 1951, Third Session, Part II Vol. XII at p. 9007).
This statement leads to a reasonable inference that this was the
meaning which the Constituent Assembly assigned to classes' at any
rate so far as Hindus were concerned.
In Bolaji's case (supra) and in Chitralekha'; case (supra) this
D Court exhibited a lot of hesitation in equating the expression 'class'
with 'caste' for purposes of Articles 15(4) and Article 16(4) of the
Constitution. It observed, as stated earlier, that while caste might
be a relevant circumstance to determine a backward class, it could
not, however, be dominant test. One of the reasons given for not
E accepting caste insofar as Hindu community in which caste system
was prevalent was concerned as a dominant test for determining a
backward class was that as there were communities without castes,
nothing prevented the makers of the Constitution to use the expres-
sion 'backward classes or castes'. The juxtaposition of the expression ·
'backward classes' and 'Scheduled Castes' in Article 15 of the
F Constitution, according to the above two decisions, led to a reason-
able inference that expression 'classes' was not synonymous with
'caste'. The Court while making these observations did not give
adequate importance to the evils of caste system which had led to
the backwardness of people belonging to certain castes and the
G debates that preceded the enactment of Part XVI and Article 15(4)
and Article 16(4) of the Constitution. What was in fact overlooked
was the history of the Indian social institutions. The makers of the
Indian Constitution very well knew that there were a number of
castes the conditions of whose members were almost similar to the
H conditions of members belonging to the Scheduled Castes and to the
Scheduled Tribes and that they also needed to be given adequate
protection in order to tide over the difficulties in the way of their
K.c.v. KUMAR v. KARNATAKA (Venkataramiah, J.) 467

progress which were not so much due to poverty but due to their
birth in a particular caste. As mentioned elsewhere in the course of A
this judgement. the word 'classes' was substituted in the place of the
word 'communities' by the Constituent Assembly just at the last
moment. The word 'community' meant a caste amongst Hindus or
Muslims, or Indian Christians or Anglo-Indians. Part XVI was not
enacted for the purpose of alleviating the conditions of poorer B
classes as sueh which was taken care of by the provisions of Part IV
of the Constitution and in particular by Article 46 and by Article 14,
Art. 15(1) and Art. 16\ I) of the Constitution which permitted classi-
fication of persons on economic grounds for special treatment in order
to ensure equality of opportunity to all person.
c
It is of significance that the views expressed by this Court,
however, stood modified by the decisions of this Court in Minor P.
Rajendran v. State of Madras & Ors.,( 1) State of Andhra Pradesh &
Anr. v. P. Sagar,r•) Tri/oki Noth & Anr. v. State of Jammu & Kashmir
& Or&.(1) A. Peeriakaruppon etc. v. State of Tomi/ Nadu & Ors.(') and D
State of Andhra Pradesh & Ors. v. U.S. v. Bairam etc.('! In Rajen·
dran'& case (supra) while holdmg that the allocation of seats in
Medical Colleges on the basis of the district to which a candidate
belonged was not warranted by Art. 15(4), the Court observed that
a caste was also a class of citizens and if the caste as a whole was
socially and educationally backward reservation could be made in E
favour of such caste under Art. 15(4) In Sagar'& case (supra) reser-
vation of seats was done solely on the basis of caste or community.
There appeared to be no determination of the fact whether members
beloninging to such castes or communities were in fact socially and
educationally backward. The court struck down the reservation as
F
being outside Article 15(4) of the Constitution. The Court. however,
observed at page 600 thus:

"In the context in which it occurs the expression "class"
means a homogeneous section of the people grouped
together because of certain likenesses or common traits G
and who are identifiable by some common attributes such
as status, rank, occupation residence in a locality, race,

(I) (1968) 2 S.C.R. 786.
(2) [1968] 3 S.C.R. 595. H
(3) [1969] I S.C.R. 103.
(4) (1971] 2 S.C.R. 430.
(5) £1972] 3 s.c.R. 247..
468 SUPREME COURT REPORTS (1985] SUPPL. s.c.R.

religion and the like. In determining whether a parti·
A cular section forms a class, caste cannot be excluded
altogether. But the determination of a class a test solely
based upon the caste or community cannot also be accep-
ted. By cl. (I), Art. 15 prohibits the State from discri-
minating against any citizens on grounds only of religion,
race, caste, sex, place of birth or any of them. By cl. (3)
8 of Art. 15 the State is, notwithstanding the provisions
contained in Cl. (!), permitted to make special provision
for women and children. By cl. (4) a special provision
for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes
c and Scheduled Tribes is outside the purview of cl. (I).
But cl. (4) is an exception to cl. (1). Being an exception, it
canot be extended so as in effect to destory the guarantee
of cl. (1). The Parliament has by enacting cl. (4) attemp-
ted to balance as against the right of equality of citizens
the special necessites of the weaker sections of the people
D by allowing a provision to be made for their advancement.
Tn order that effect may be given to cl. (4), it must
appear that the beneficaries of the special provision are
classes which are backward socially and educationally and
they are other than the Scheduled Castes and Scheduled
E Tribes, and that the provision made is for their advance·
ment. Reservation may be adopted to advance the
interests of weaker sections of society, but in doing so,
care must be taken to see that deserving and qualified
candidates are not excluded from admission to higher
educational institutions. The criterion for determining
F the backwardness must not be based solely on religion,
race, caste, sex, or place of birth, and the backwardness
being social and educational must be similar to the
backwardness from which the Scheduled Castn and the
Scheduled Tribes suffer." (emphasis added)
G In Triloki Nath's case (supra) whicb was a case in which Article
16(4) came up for consideration, a Constitution Bench of this Court
observed at page 105 thus :

H "Article 16 in the first instance by cl. (2) prohibits discri·
mination on the ground, inter alia, of religion, race, caste,
place of birth, residence and permits an exception to be
K.c.v. 1: v. KARNATAKA (Venkataramiah, J.)

made in the matter of reservation in favour of backward
classes of citizens. The expression "backward class" is A
not used as synonymous with "backward caste" or "back-
ward community". The members of an entire caste or
community may in the social, economic and educational
scale of values at a given time be backward and may on
that account be treated as a backward class, but that is noi B
because they are members of a caste or community, but
because they form a class In its ordinary connotation
the expression "class" means a homogenous section of the
people grouped together because of certain likenesses or
common traits, and who are identifiable by some common
attributes such as status, rank, occupation, residence in a c
locality, race religion and the like. But for the purpose
oi Art. 16(4) in determining whether a section forms a
class, a test solely based on caste, community, race,
religion, sex, descent, place of birth or residence cannot
be adopted, because it would directly offend the Constitu·
tion." (emphasis added)
D

In Peeriokaruppon's case (supra) Hegde. J. observed at page
443 thus:

''A ca•te has always been recognised as a class. In con- E
struing the expression "classes of His Majesty's subjects"
found ins. 153-A of thelndian Penal Code, Wassoodew,
I. observed in Naryan Vasudev v. Emperor A.LR. 1943
Born. 379.

"In my opinion' the expression 'classes of His F
Majesty's subjects' in Section 153-A of the Code is
used in restrictive sense as denoting a collection of
individuals or groups bearing a common and exclu-
sive designation and also possessing common and
exclusive characteristices which may be associated
G
with their origin, race or religion, and that the term
'class' within that section carries with it the idea of
numerical strength so large as could be grouped in a
single homogeneous community."

In Paragraph 10, Chapter V of the backward Classes Commis-
H
sion's Report, ii is observed :
470 SUPRBMB COURT REPORTS [1985] SUPPL. s.c.R.

"We tried to avoid caste but we find it difficult to
A ignore caste in the present prevailing conditions. We
wish it were easy to dissociate from social backward·
ness at the present juncture. In modern times
anybody can take to any professson. The Brahman
taking to tailoring, does not become a tailor by caste,
B nor is his social status lowered as a Brahman. A
Brahman may be a seller of boots and shoes, and yet
his social status is not lowered thereby. Social
backwardness, therefore, is not today due to the
particular profession of a person, but we cannot
escape caste in considering the social backwardness
c in India"

In Paragraph 11 of that Report it is stated:

"It is not wrong to assume that social backwardness
has largely contributed to the educational backwardness
D of a large number of social groups."

Finally in Paragraph 13, the Committee concludes with follow-
ing observations:

E "All this goes to prove that social backwardness is
imainly based on racial, tribal, caste and denominationals
differences."

The learned Judge then proceeded to state at page 444:

F "There is no gainsaying the fact that there are numerous
castes in this country which are socially and educationally
backward. To ignore their existence is to ignore the facts
of life. Hence we are enable to uphold the contention
that impugned reservation is not in accordance with Art.
15(4). But all the same the Government should not
G
proceed on the basis that once a class is considered as a
backward class it should continue to be backward class
for all times. Such an approach would defeat the very pur·
pose of the reservation because once a class reaches a stage
11 of progress which some modern writers call as take off stage
then competitioc is necessary for their future progress.
The Government should always keep under review the
question of reservation of seats and only the classes which
lt.C. v. KUMAR v KARNATAKA (Venlcataramiah, J.) 471

are really socially and educationally backward should be
allowed to have the benefit ofreservation. Reservation of A
seats should not be allowed to become a vested interest.
The fact that candidates of backward classes have secured
about 50 per cent of the seats in the general pool does
show that the time has come for a de novo comprehensive
examination of the question. It must be remembered that B
the Government's decision in this regard is open to judical
review."

In Ba/aram's case (supra) the State was the appellant. It had
come up in appeal against the judgment of the High Court of Andhra
Pradesh which had struck down its order making reservation of seats
c
of seats under Article 15(4). This Court allowed the appeal upholding
the Government order, Vaidia!ingam, J. in the course of his judgment
observed at page 280 thus:-

"Art. 15(4) will have to be given effect to in order to
D
assist the weaker sections of the citizens, as the State has
been charged with such duty. No doubt, we are.aware
that any provision made under this clause must be within
the well defined limits and should not be on the basis of
caste alone. But it should not also be missed that a caste E
is also a class of citizens and that a caste as such may be
socially and educationally backward. If after collecting
the necessary date, it is found that the caste as a whole is
socially and educationally backward, in our opinion, the
reservation made of such persons will have to be upheld
notwithstanding the fact that a few individuals in that
F
group may be both socially and educationally above the
general average. There is no gainsaying the fact that there
are numerous castes in the country, wbi ch are socially and
educationally backward and therefore a suitable provision
will have to be made by the State as charged in Art. 15(4) G
to safeguard their interest."

The learned Judge felt that the Backward Classes Commission
on the basis of whose Report the Government order had been passed
H
had given good reasons in support of its recommendations. Accord-
inaly the Government order was upheld.
412 SUPREME COURT REPORTS (198SJ SUPPL. s.c.

If we depart from the view that caste or community is an
A important relevant factor in determining social and educational
backwardness for purposes of Article 15 (4) and Article 16 (4) of
the Constitution, several distortions are likely to follow and may
take us away from the sole purpose for which those constitutional
provisions were enacted. Several factors such as physical disability,
poverty, place of habitation, the fact of belonging to a freedom
B
fighter's family, the fact of belonging to the family of a member of
the armed forces might each become a sole factor for the purpose of
Article 15 (4) or Article 16 (4) which were not at all intended to be
resorted to by the State for the purpose of granting relief in such
cases. While relief may be given in such cases under Article 14,
c Article 15 (I) and Article 16 (I) by adopting a rational principle of
classification, Article 15 (4) and Article 16 (4) cannot be applied to
them. Article 15 (4) and Article 16 (4) are intended for the benefit
of those who belong to castes/communities which are 'traditionally
disfavoured and which have suffered societal discrimination' in the
past. The other factors mentioned above were never in the contemp-
D lation of the makers of the Constitution while enacting these
clauses.

In D.N. Chancha/a v. State of Mysore and Ors. etc.( 1) a classifi-
cation based on some of them factors was upheld but not under
E Article 15 (4). The observation made in State of Kera/a v. Kumar/
T.P. Roshana and Anr.( 2) that 'the principle of reservation with
weightage for the geographical area of Malabar District has our
approval in endorsement of the view of the High Court' is outside
the scope of Article 15 (4) even though it may be sustained under
Article 14. While caste or community is a relevant factor in deter-
F mining the social and educational backwardness, it cannot be said
that all members of a caste need be treated as backward and entitled
to reservation under Article 15 (4) or Article 16 (4). Caste·cum-
means test would be a rational test in identifying persons who are
entitled to the benefit of those provisions. This principle has received
G acceptance at the hands of this Court in Kumari K.S. Jayasree and
Anr. v. The State of Kera/a and Anr.,(') In that case a Commission
appointed by the Government of the State of Kerala to enquire into
the social and economic conditions of the people of that State and

H
(1) [1971] Supp. S.C.R. 608.
(2) [1979] 2 S.C.R. 974.
(3) [19771 1 S.C.R. 194.
K.C.V. KUMAR v. KiARNATAKA (Venkataramiah, J.) 473

to recommend as to what sections of the people should be extended
the benefits under Article 15 (4) of the Comtitution found that only A
the rich amongst certain castes or communities were enjoying the
benefit of reservations made earlier. It, therefore, recommended
adoption of a means-cum-caste/communily test for determining the
sections of the people who should be given the benefit under the
relevant constitutional provisions. The State Government accor- B
dingly stipulated that applicants who were members of certain castes
or communities and whose family income was less than Rs. 10,000
per year were only entitled to reservation under Article 15 (4). The
petitioner in the above case who belonged to one such community
but whose family income was above Rs. 10,000 per year questioned
the order before the Kerala High Court on the ground that the c
imposition of the ceiling of family income was unconstitutional. The
learned Single Judge who heard the ; petition allowed it. The
Division Bench of the Kerala High Court, bowever, reversed the
decision of the learned Single Judge and dismi>sed the petition. On
appeal, this Court while affirming the decision of the Division D
Bench in the above case on the question of social backwardness
observed at pages 199-200 thus :

"In ascertaining social backwardness of a class of
citizens it may not be irrelevant to consider the caste of
the group of citizens. Caste cannot however be made the
E
sole or ·dominant test. Social backwardness is in the
ultimate analysis the result of poverty to a large extent.
Social backwardness which results from poverty is likely
to be aggravated by considerations of their caste. This
shows the relevance of both caste and poverty in deter- F
mining the backwardness of citizens. Poverty by itself is
not the determining factor of social backwardness.
Poverty is relevant in the context of social backwardness.
The Commission found that the lower income group
constitutes socially and educationally backward classes.
The basis of the reservation is not income but social and G
educational backwardness determined on the basis of
relevant criteria. If any classification of backward classes
of citizens is based solely on the caste of the citizens it
will perpetuate the vice of caste system. Again, if the
classification is based solely on poverty it will not be H
logical. The society is taking steps for uplift of the people.
In such a task groups or classes who are socially and
474 SUPREME COURT REPORTS [198S] SUPPL. s.c.a.

educationally backward are helped by the society. That
A is th' philosophy of our Constitution. It is in this context
that social backwardness which results from poverty is
likely to be magnified by caste considerations. Occupa-
tions, place of habitation may also be relevant factors in
determining who are socially and educationally backward
classes. Social and economic considerations come into
B
operation in solving the problem and evolving the proper
criteria of determining which classes are socially and
educationally backward. That is why our Constitution
provided for special consideration socially and educa-
tionally backward classes of citizens as also Scheduled
c Castes and Tribes. It is only by directing the society and
the State to offer them all facilities for social and
educational uplift that the problem is solved. It is in that
context that the Commission in the present case found
that income of the classes of citizens mentioned in
Appendix VIII was a relevant factor in determining their
D social and educational backwardness."

When once the relevance of caste is not adhered to several
difficulties might arise as can be seen from the decision in the Stat•
of Uttar Pradesh v. Pradip Tandon and Ors.,(') In that case the Court
E had to examine the validity of a Government order which had made
reservation of seats under Article 15 (4) in favour of two classes of
students -(l) those who came from rural areas and (2) those who
came from hill areas and Uttrakhand. The High Court of Allahabad
upheld the said reservations in Subhash Chandra v. The State of
U.P. and Ors.(') but struck them down in a later case in Dilip Kumar
F v. The Government of U.P. and Ors.(') without noticing its earlier
decision in Subhash Chandra's case (supra) When the same question
came before this Court in an appeal preferred by the State Govern·
ment, the State Government attempted to justify the classification
of students for admission into medical colleges as stated above on
G the ground that it was a notorious fact that rural, hill and
Uttrakhand areas were socially backward because of extreme
poverty ; that those areas were backward educationally because the

11 (I) [1975) 2 S.C.R. 761.
(2) A.I.R. 1973 All. 29S.
(3) A.I.R. 1973 All. 592.
K.C.V. KUMAR v. AKRNATAKA (Venkataramiah, J.) 475

standard of literacy was poor and there was lack of educational
facilities and that there was dearth of doctors in the said areas. A
The geographical, territorial, historical and the economic conditions
in the said areas were emphasised to support the classification.
In the State of Uttar Pradesh v. Pr 1ip Tandon's case (supra)
Court first rejected the plea that p: rty could be a basis of
classification for purposes of Art. I (4) in these terms at page
7
B

"In Balaji's case (supra) th Court said that social
backwardness is on the ultimate analysis the result of
poverty to a large extent and that the problem of back·
ward classes is in substance the problem of rural India. c
Extracting these observations the Attorney General
contended that poverty is not only relevant but is one of
the elements in determining the social backwardness. We
are unable to accept th test of poverty as the determin·
ing factor o social backwardn s."
D
Then it held that reservation for rural areas on the ground of
poverty was unconstitutional. In doing so it observed at page 769
thus:

"The reservation for rural areas cannot be su;tained
E
on the ground that the rural areas represent socially and
educationally backward classes of citizens. This reserva-
tion appears to be made for the majority population of
the State. 80 per cent of the population of the State
cannot be a homogeneous class. Poverty in rural areas F
cannot be the basis of classification to support reservation
for rural areas. Poverty is found in all parts of India. In
the instructions for reservation of seats it is provided that
in the application form a candidate for reserved seats
from rural areas must submit a certificate of the District
Magistrate of the District to which he belonged that he
G
was born in rural area and had a permanent home there,
and is residing there or that he was born in India and his
parents and guardians are still living there and earn their
livelihood there. The incident of birth in rural areas is
made the basic qualification. No reservation can be made
H
on the basis of place of birth, as this would offend
Article lS."
476 SUPREME COURT REl>ORTS [198SJ SUPPL. s.c.tt.

But it upheld the reservations made in favour of the hill and
A Uttrakhand areas with these observations at page 767 :

"The hill and Uttrakhand areas in Uttar Pradesh
are instance of socially and educationally backward
classes for these reasons. Backwardness is judged by
economic basis that each region has its own measurable
B possibilities for the maintenance of human numbers,
standards of living and fixed property. From an
economic point of view the classes of citizens are back·
ward when they do not make effective use of resources.
When large areas of land maintain a sparse, disorderly
c and illiterate population whose property is small and
negligible the element of social backwardness is observed.
When effective territorial specialisat•On is not possible in
the absence of means of communication and technical
processes a; in the hill and Uttrakhand areas the people
are socially backward classes of citizens. Neglected
D opportunities and people in remote places raise walls of
liocial backwardness of people.

Educational backwardness is ascertained with
reference to these factors. Where people have traditional
apathy for education on account of social and environ-
E mental conditions or occupational handicaps, it is an
illustration of educational backwardness. The hill and
Uttrakhand areas are inaccessible. There is lack of
educational institutions and educational aids People in
the hill and Uttrakhand areas illustrate the educationally
F backward classes of citizens because lack of educational
facilities keep chem stagnant and they have neither mean-
ing and values nor awareness for education."

The reading of the above passages shows that there is in-
herent inconsistency between one part of the decision and the other.
G The Court could not have arrived at the two divergent conclusions
set out above since many of the reasons urged by the State Govern-
ment were almost identical. This is due to the earlier approach
adopted by the Court to the question. If caste had been taken into
consideration as a relevant test which could not be ignored in
H determining the classes entitled to the benefit of Article 15 (4) and
Art. 16 (4), there would have been no room for the above
inconsistency.
K.c.v. KUMAR v. KAllNATAll:A (Venkatararnfah, J.) 477

Article 14 of the Constitution consists of two parts. It askl
the State not to deny to any person equality before law. It also askl A
the State not to deny the equal protection of the laws. Equality
before law connotes absence of any discrimination in law. The
concept of equal protection required the State to meet out differen·
tlal treatment to persons in different situations in order to establish
an equilibrium amongst alt. This is the basis of the rule that
equals should be treated equally and unequals must be treated B
unequally if the doctrine of equality which is one of the corner
stones of our Constitution is to be duly implemented. In order to do
justice amongst unequals, the State has to resort to compensatory
or protective discrimination, Article 15 (4) and Article 16 (4) of
the Constitution were enacted as measures of compensatory or
protective discrimmation to grant relief to penons belonging to
c
socially oppressed castes and minorities. Under them, it is possible
to provide for reservation of seats in educational institutions and of
posts in Government services to such persons only. But if there are
persons who do not belong to socially oppressed castes and
minorities but who otherwi1t belong to weaker sections, due to D
poverty, place of habitation, want of equal opportunity etc. tbs
question arises whether such reservation can be made in their favour
under any other provision of the Constitution such as Article 14,
Article 15 (I), Article 16 (I) or Article 46. The decision in State of
Kera/a and Anr. v. N.M:. Thomas and Ors.(1) which was rendered by
a Bench of seven learned Judges of this Court attempted to deal
with the above question. The facts of that case were these : Rule
13 (a) of the Kerala State Subordinate Service Rules, 1958 provided
that no person would be eligible for appointment to any ssrvice or
any post unless he possessed such special qualifications and bad
passed such special tests as might be prescribed in that behalf in the
Special Rules. For promotion of a lower division clerk to the next
higher post of upper division clerk, the Government prescribed
'
certain departmental tests. By Rule 13A which was introduced later
on, temporary exemption was given for a period of two years. That
Rule also provided that an employee who did not pass the unified
departmental tests within the period of two years from the date of G
introduction of the tests would be reverted to the lower post and
further stated that he would not be eligible . for appointment under
that Rule. Proviso (2) to this Rule gave temporary exemption for
an extended period of two years in the case of candidates belonging
H

(1) [1976] l S.C.R 906.
478 IUP!tEMB COUitT RBPOR TS (1985) SUPPL. S.C.R.

to Scheduled Castes and Scheduled Tribes. When the Government
A found that a large number of candidates belonging to Scheduled
Castes and Scheduled Tribes were facing reversion under that Rule,
on a representation made on their behalf, it gave exemption to them
for a further period of two years by promulgating Rule l 3AA. As a
result of this Rule, respondent No. 1 in the above case who had
passed the special test in 197 l was not promoted but some candi·
B
dates belonging to Scheduled Castes or Scheduled Tribe& who
had not passed the tests were promoted. Respondent No. 1 there·
fore challenged the validity of Rule l 3AA before the High Court of
Kerala on the ground that it violated Article 16 (I) of the Constitu·
tion. The High Court struck down the Rule holding that it was
c outside the scope of Article 16 (4) and therefore was violative of
Article 16 (1) of the Constitution. The State Government questio:led
in the above case before this Court the correctness of the decision of
the High Court. From the facts narraled above, it is obvious that
the case did not concern itself with reservation of posts in the
higher cadre as such but only involved the classification of employees
D of Government into two groups-those belonging to Scheduled
Castes and Scheduled Tribes and those who did not belong to
Scheduled Castes and Scheduled Tribes for purposes of given exemp-
tion from possessing one of the minimum qualifications i.e. from
passing the prescribed tests during a further period of two years.
E Ray, C.J. upheld the Rule by upholding the classification under
Article 14 and Article 16 (!). The learned Chief Justice observed at
page 933 thus :

"All legitimate methods are available for equality of
opportunity in services under Article 16 (!). Article 16 (1)
is affirmative whereas Article 14 is negative in language.
Article 16 (4) indicates one of the methods of achieving
equality embodied in Article 16 (!). Article 16 (I) using
the expression "equality" makes it relatable to all
matters of employment from appointment through
promotion and termination to payment of pension and
G
gratuity. Article 16 (I) permits classification on the basis
of object and purpose of law or State action except
classification involving discrimination prohibited by
Article 16 (2). Equal protection of laws necessarily
H involves classification. The validity of the classification
must be adjudged with reference to the purpose of Jaw.
The classification in the present case is justified because
Jt.c.v. ltUMAR '· KARNATA'IA (Venkataramtah, /.) 479

the purpose of classification is to enable members of
Scheduled Castes and Tribes to find representation by A
promotion to a limited extent. From the point of view
of time a differential treatment is given to members of
Scheduled Castes and Tribes for the purpose of giving
them equality consistent with efllciency".
B
l:.hanna, J. who upheld the judgment of the High Court was
of the view that since the impugned Rule did not get the protection
of Article 16 (4) which wa& the only provisio11 under which pre·
ferential treatment could be given to members belonging lo back-
ward classes, Scheduled Castes and Scheduled Tribes, the Rule
could not be upheld on the basis of classification under Article 14
c
and Article 16 (I) of the Con1titution. The learned Judge observed
at pages 93.9·940 thus :

"It has been arsued on behalf of the appellants that
equality of treatment does not forbid reasonable classi- 0
fication. Reference in this context is made to the well
accepted principle that Article 14 of the Constitution
forbids class legislation but does not forbid classification.
Permissible classification, it is equally well established,
must be founded on an intelligible differentia which
distinguishes persons or things that are grnuped together
from others left out of the group and the differentia must
have a rational relation to the object sought to be
achieved by the statute in question. It is urged that the
same principle should apply when the court is concerned
with the equality of opportunity for all citizens in matters r
relating to employment or appointment to any office
under the State. In this respect I may observe that this
Court has recognised the principle of classification in the
context of clause (1) of article 16 in matters where
appointments are from two different sources, e.g. guards
and station masters, promotees and direct recruits, degree G
holder and diploma holder engineers. [See All India
Station Masters and Asstt. station Masters' Assn. and
Ors. v. General Manager, Central Railway and Ors. [1960]
2 S.C.R. 311, S.G. Jaisinghani v. Union of India and
Ors. [1967] 2 S.C.R. 703 and State of Jammu cl Kashmir H
v. Triloki Nath Khesa and Ors. [1974] 1 S.C.R. 771.) The
question with which we are concerned, however, is
480 SUPllBME COURT REPORTS [1985] SUPPL. s.c.a.

whether we can extend the above principle of classifica·
A lion so as to allow preferential treatment to employees on
the ground that they are members of the scheduled castes
and scheduled tribes. So far as this question is concerned
I am of the view that the provision of preferential treat·
ment for members of backward classes, including
scheduled castes and scheduled tribes, is that contained
8 in clause (4) of article 16 which permits reservation of
posts for them. There is no scope for spelling out such
preferential treatment from the language of clause (I) of
article 16 because the language of that clause does not
warrant any preference to any citizen against another
c citizen. The opening words of clause (4) of article 16 that
"nothing in this article shall prevent the State from
making any provision for the reservation of appointments
or posts in favour of backward class of citizens' indicate
that but for clause (4) it would not have been permissible
to make any reservation of appointments or posts in
D favour of any backward class of citizens."

Khanna, J. proceeded to observe at page 944 thus :

"The matter can also be locked at from another
E angle. If it was permissible to accord favoured treatment
,to members of backward classes under clause (I) of article
16, there would have been no necessity of inserting clause
(4) in article 16. Clause (4) in Article 16 in such an
event would have to be treated as wholly superfluous and
redundant. The normal rule of interpretation is that no
F
provision of the Constitution is to be treated as redun· !·
dant and superfluous. The Court would, therefore, be
reluctant to accept a view which would have the effect of
rendering clause (4) of Article 16 redundant and
superfluous".
G
Mathew, J. more or less agreed with Ray, C.J. He said at pages
954-955 thus :

H "It is said that Article 16 (4) specifically provides
for reservation of posts in favour of backward classes
wbich according to the decision of this Court would
include the power of the State to make reservation at the
IC.C.V. ICUMAR v. ICARNATAKA (V'enkataramiah, J.) 481

stage of promotion also and therefore Article 16 (1)
cannot include within its compass the power to give any A
adventitious aids by legislation or otherwise to the back-
ward classes which would derogate from strict numerical
equality. If reservation is necessary either at the initial
stage or at the stage of promotion or at both to ensure
for the members of the Scheduled Castes and Scheduled B
Tribes equality of opportunity in the matter of employ-
ment, l see no reason why that is not permissible under
Article 16 (I) as that alone might put them on a parity
with the forward communities in the matter of achieving
the result which equality of opportunity would produce.
Whether there is equality of opportunity can be gauged c
only by the equality attained in the result. Formal
equality of opportunit·1 simply enables people with more
education and intelligence to capture all the posts and to
win over tbe less fortunate in education and talent even
when the competition is fair. Equality of result is the test D
of equality of opportunity".

Beg, J. (as he then was) agreed with the view of Khanna, I.
that the principle of classification could not be extended to cases of
this nature but upheld the Rule as squarely falling within the scope
of Article 16 (1) itself. He observed at page 959:

"Strictly speaking, the view adopted by my learned
brother Khanna, that the ambit of the special protection
of "equality of opportunity in matters relating to public
service", which can be made available to members of F
backward classes of citizens, is exhausted by Article 16
(4) of the Constitution, seems inescapable. Article 16 is,
after all, a facet of the grand principles embraced by
Article 14 of our Constitution. It guarantees : "Equality
of opportunity in matters of public appointment". It does
so in absolute terms. It is a necessary consequence and G
a special application of Article 14 in an important field
where denial of equality of opportunity cannot be permit-
ted. While Article 16 (I) sets out the positive aspect oi
equality of opportunity in matters relating to employment
by the State, Article 16 (2) negatively prohibits discrimi-
H
nation on the grounds given in Article 16 (2) in the area
covered by Article 16 (I) of the Constitution. If
482 SUPREME COURT REPORTS (1985) SUPPL. S.C.R.

Scheduled Castes do not fall within the ambit of Article
A 16 (2), but as a "backward class" of citizens, escape the
direct prohibition it is because the provisions of Article
16 (4) make such an escape possible for them. They could
also avoid the necessary consequences of the positive
mandate of Article 16 (I) if they come within the only
B exception contained in Article 16 (4J of the Constitution.
I respectfully concur with my learned brother Khanna
and Gupta that it would be dangerous to extend the
limits of protection against the operation of the
principle of equality of opportunity in this field beyond
its express constitutional authorisatio by Article 16 (4) '.
c
Beg, J. (as he then wai) proceeded to hold at pa&e 961
thus:

"Members of a backward class could be said to be
•
D discriminated against if severer tests were prescribed for
them. But, this is not the position in the case before us.
All promotees, belonging to any class, caste, or creed, are
equally subjected to efficiency tests of the same type and
standard. The impugned rules do not dispense with these
tests for any class or group. Indeed, such tests could not
E be dispensed with for employees from Scheduled Castes,
even as a backward class, keeping in view the provisions
of Article 335 of the Constitution. All that happens
here is that the backward class of employees is given a
longer period of time to pass the efficiency tests and
F prove their merits as determined by such tests. It has
been, therefore, argued that, in this respect, there is
substantial equality. In other words, the argument is that
if Article 16 (I) could be interpreted a little less rigidly
and more liberally the discrimination involved here will
not fall outside it. Even if this was a tenable view, I
G would, for all the reasons given here, prefer to find the
justification, if this is possible, in the express provisions
of Article 16 (4) because this is where such a justification
should really lie."

H Krishna Iyer, J. after recording the statement of the Advocate
General for Kerala that the Rule could not be sustained under
Article 16 (4) upheld it \!Oder Article 14 and Article 16 (!)as i~
~.c.v. KUMAR v. KARNATAKA (Venkataramiah, J.) 483

related to members belonging to the Scheduled Castes and Scheduled
Tribes. Perhaps he would have struck down the Ruic if the benefit A
of the Rule had been extended to other backward classes as can be
seen from the following passage occurring at page 981 :

"If Art. 14 admits of reasonable classification, so does
Art. 16(1) and this Court has held so. In the present
case, the economic advancement and promotion of the
8
claims of the grossly under-represented and pathetically
neglected classes, otherwise described as Scheduled Castes
and Scheduled Tribes, consistently with the maintenance
of administrative efficiency, is the object, constitutionally
sanctioned by Arts. 46 and 335 and reasonably accommo· c
dated in Art. 16(1). The differentia so loudly obstrusive,
is the dismal social milieu of harijans. Certainly this has
a rational relation to the object set out above. I must
repeat the note of caution earlier struck. Not all caste
backwardness is recognised in this formula. To do so is
subversive of both Art. 16(1) and (2). The social dis·
D
parity must be so grim and substantial as to serve as a
foundation for benign discrimination. If we search for
such a class, we cann ot find any large segment other than
the Scheduled Castes and Scheduled Tribes. Any other
caste, securing exemption from Art. 16(1) and (2), by E
exerting political pressure or other influence, will run the
high risk of unconstitutional d hcrimination. If the real
basis of classification is caste masked as backward class,
the Court must strike at such communal manipulation.
Secondly, the Constitution recognizes the claims of only
harijan5 (Art. 335) and not of every backward class. The F
profile of Art. 46 is more or less the same. So, we may
readily hold that casteism cannot come back by the back-
door and, except in exceptionally rare cases, no class other
than Harijans can jump the gauntlet of 'equal opportunity'
guarantee. Their only hope is in Art . 16(4)" . (Emphasis G
supplied).

Gupta, J. agr d generally wit~ Khanna, J. and upheld the
iudgment of the High Court. Gupta, J. after referring to Article 335
llaserved at page 986 thus: H
,"This Article does not create any right in the members
•Schi;:d1,11e4 <;:astes and the Schedule<) Tribes which
484 SUPREME COURT REPORTS (1985) SUPPL. s.c.a.

they might claim in the matter of appointments to service•
A and posts; one has to look elsewhere, Article 16(4) for
instance, to find out the claims conceded to them. Article
335 says that such claims shall be considered consistently
with administrative efficiency, thus is a provision which
does not enlarge but qualify such claims as they may have
as members of the Scheduled Castes or Scheduled Tribea.
B _,
Article 335, it seems clear, cannot furnish any clue to th•
understanding of Article 16( 1)".

Fazal Ali, J. also upheld the impugned Rule under Article 16(1).
The learned Judge said at page 1001 thus:
c
"Article 335 of the Constitution contains a mandate to
the State for considering the claims of the members of the
Scheduled Castes and the scheduled tribes consistently
with the maintenance of efficiency of administration. By
D giving the special concessions to the promotees this man·
date is sought to be obeyed by the Government. Mr. T.S.
Krishnamoorthy Iyer, coun~el for the respondent No. l
submitted that the mandate given in Art. 335 is violated
because by granting exemption to the members of the
E scheduled castes and tribes the standard of efficiency of
the services would be impaired. We are, however, unable
to agree with the argument. Both the respondent No. 1
and the promotees were members of the same service and
bad been working as Lower Division Clerks for a pretty
long time. The promotees who were members of the sche-
F duled castes and tribes are admittedly senior to respond·
ent No. 1 and have gained more experience. Further the
rule does not grant complete exemption to the promotees
from passing the test; it only provides for grant of exten·
sion of time to enable them to clear the test. In these
G circumstances it cannot be held that the State's action in
incorporating r. 13-AA in any way violates the mandate
contained in Art. 335. In these circumstances, therefore,
I am clearly satisfied that the concesion given in r.
13-AA amounts to a reasonable classification which can
H be made under Art. 16(1) of the Constitution and does not .
amount to the selection of the respondent No. 1
hostile: discrimination so as to be violative of Art. 1(.!-,
the Constitution of •ndii!,",
k.c.v. KUMAR v. KAJ\NATAKA (Venkataramiah, J.) 485
But Fazal Ali, J. was, however, of the view that Article 16(4)
of the Constitution was a complete code so far as rnservation of posts A
was concerned. The learned Judge observed at page 1002 thus:
"Clause (4) of Art. 16 of the Constitution cannot be
read in isolation but has to be read as part and parcel of
Art. 16(1) & (2). Suppose there are a number of backward
classes who form a sizable section of the population of B
the country but are not properly or adequately represen·
ted in the services under the State the question that arises
is what can be done to enable them to join the services
and have a sense of equal participation. One course is
to make a reasonable classification under Art. 16(1) in the
manner to which I have already adverted in great detail. c
The other method to achieve the end may be to make
suitable reservation for the backward classes in such a way
so that the inadequate representation of the backward
classes in the services is made adequate. This form of
classification which is referred to as reservation, is, in my D
opinion, clearly covered by Art. 16(4) of the Constitution
which is completely exhausitive on this point. That is to
say clause (4) of Art. 16 is not an exception to Art. 14 in
the sense that whatever classification can be made can be
done only through clause (4) of Art. 16. Clause (4) of Art.
16, however, is an explanation containing an exhaustive E
and exclusive provision regarding reservation which is one
of the forms of classification. Thus clause (4) of Art. 16
deals exclusively with reservation and not other forms of
classification which can be made under Art. 16(1) itself.
Since clause (4) i.f a special provision regarding reserva· F
tion, it can safely be held that it overrides Art. 16(1) to that
extent and no reservatio11 can be made under Art. 16(1)".
(Emphasis added)
The result is that at least according to four learned Judges-
K.hanna; Beg, Gupta and Fazal Ali, JJ. no reservation of posts can
be made in Government services for backward classes including G
icheduled Castes and Scheduled Tribes under Article 14 or Article
16(1). According to Krishna Iyer, J. preferential treatment as was
done in this case on the basis of classification ordinarily could be
:iven under Article 16(1) to the Scheduled Castes and Scheduled
Tribes only. Other backward clas,es could not, except in exceptional·
B
ly rare cases be extended the same benefit and their only hope was
Artitle 16(4) tf the C!lonstitution.
486 SUPREME COURT REPORTS ( 1985] SUPPL, S.C.R.
I
Now reverting to the power of the Government to make reser-
A vations under Article 15(4) and Article 16(4) of the Constitution, we
may state thus: The determination of the question whether the
members belonging to a caste or a group or a community are back-
ward for the purpose of Article 15(4) and Article 16(4) of the
Constitution is no doubt left to the Government. But it is not open
B to the Government to call any ca~te or group or community as back-
ward according to its sweet will and pleasure and extend the benefits
that may be granted under those provisions to such caste or group or
community. The exercise of uncontrolled power by the Government
in this regard may lead to political favouritism leading to denial of
the just requirements of classes which are truly backward. The power
c of the Government to classify any caste or group or community as
backward bas to be exercised in accordance with the guidelines that
can be easily gathered from the Constitution. It is now accepted that
the expressions 'socially and educationally backward classes of citi-
zens' and 'the Scheduled Castes and the Scheduled Tribes' in Artick
15(4) oftbe Constitution together are equivalent to backward classes
D
of citizens' in Article 16(4). Dealing with the question whether any
particular caste or group or community could be treated as socially
and educationally backward for purposes of Article 15(4), the Court
observed in Ba/aji's case (supra) at page 465 thus:

E "Therefore, we are not satisfied that the State was justified
in taking the view that communities or castes whose ave-
rage of student population was the same as, or just below,
the State average, should be treated as educationally back-
ward classes of citizens. If the test has to be applied be a
reference to the State average of student population, the
F legitimate view to take would be that the classes of citizens
whose average is well or substantially below the State
average can be treated as educationally backward."
This was further explained by Shah, J. (as he then was) in
Sagar's case (supra) when he observed that the criterion for deter-
G mining the backwardness must not be based solely on religion, race,
caste, sex or place of birth and the backwardness being social and
educational must be similar to the backwardness from which the
Scheduled Castes and the Scheduled Tribes suffered. A Constitution
Bench of this Court reiterated the above principle in Janki Prasad
H Parimoo & Ors. etc. etc. v. State of Jammu & Kashmir & Ors. in
which it was observed at page 252 thus:
(I) [197313 s.c.R. 236.
k.c.v. KUMAR'· KARN>TAK ... (l'enkataramlah, J.) 487

"That accounts for the raisond 'etre of the principle ex•
plained in Balaji's case which pointed out that backward A
classes for whose improvement special provision was
contemplated by Article 15(4) must be comparable to
Scheduled Castes and Scheduled Tribes who are stauding
examples of backwardness socially and educationally".
B
This view is in conformity with the intention underlying clause
(6) of the resolution regarding the aims and objects of the Constitu·
tion moved by Jawaharlal Nehru on December 13, 1946 which asked
the Constituent Assembly to frame a Constitution providing adequate
safeguards for minorities, backward and tribal areas and depressed
and other ck:ward classes and also with the provisions of Article
c
338 a.id Article 340 of the Constitution. Unless the above restriction
is imposed on the Government, it would become possible for the
Government to call any caste or group or community which constitu·
tes a powerful political lobby in the State as backward even though
in fact it may be an advanced caste or group or community but just D
below some other forward community. There is another important
reason why such advanced castes or groups or communities should
not be included in the list of backward classes and that is that if
castes or groups and communities which are fairly well advanced and
castes and groups and communities which are really backward being
at the rock-bottom level are classified together as backward classes, E
the benefit of reservation would invariably be eaten up by the more
advanced sections and the really deserving sections would practically
go without any benefit as more number of children of the more
advanced castes or groups or communities amongst them would have
scored higher marks than the children of more backward castes or F
groups or communities. In that event the whole object of reservation
would become frustrated. It is stated that it was with a view to
avoiding this anomalous situation, the Government of Devaraj Urs
had to appoint the Havanur Commission to make recommendations
for the purpose of effectively implementing the objects of Article
15(4) and Article 16(4). Hence as far as possible while preparing G
the list of backward classes, the State Government has to bear in mind
the above principle as a guiding factor. The adoption of the above
principle will not unduly reduce the number of persons who will be
eligible for the benefits under Article 15(4) and Article 16(4) of the
Constitution since over the years the level of the Scheduled Castes H
and Scheduled Tribes is also going up by reason of several remedial
488 SUPRBMB COURT REPORTS (1985) SUPPL. s.c.R.

measures taken in regard to them by the State and Central Govern·
A ment. At the same time, it will also release the really backward
castes, groups and communities from the strangle-hold of many adva·
need groups which have had the advantage of reservation along with
the really backward classes for nearly three decades. It is time that
more attention is given to those castes, and groups communities who
B have been at the lowest level suffering from all the disadvantages and
disabilities (except perhaps untouchability) to which many of the
Scheduled Castes and Scheduled Tribes have been exposed but with-
out the same or similar advantages that flow from being included in
the list of the Scheduled Castes and the Scheduled Tribes.

c Since economic condition is also a relevant criterion, it would
be appropriate to incorporate a 'means test' as one of the tests in
determining the backwardness as was done by the Kerala Government
in Jayasree's case (supra). These two tests namely, that the condi-
tions of caste or group or community should be more or less s,miJar
D to the conditions in which the Scheduled Castes or Scheduled Tribes
are situated and that the income of the family to which the candidate
belongs does not exceed the specified limit would serve as useful
criteria in determining beneficiaries of any reservation to be made
under Article 15(4). For the purpose of Article 16(4) however, it
should also be shown that the backward class in question is in the
E opinion of the Government not adequately represented in the Govern-
ment services.

There is one other basis on which a classification made for
purpos~s of Article 15 (4) or Article 16 (4) of the Constitution has
F received the approval of this Court in Chitra/ekha's case (supra). In
that case the Court was concerned with a list of backward classes
prepared on the basis of economic condition and occupation.
According to that Government order, persons whose family income
was Rs. 1,200 per annum or less and who were engaged in
G occnpations such as agriculture. petty business, inferior services,
crafts or other occupations involving manual labour were treated as
belonging to backward classes. The petitioner who bad filed the
petition in the High Court did not challenge the validity of the said
classification. But on a submission made on behalf of the State
H Government, the Court expressed its general approval to the method
of classification. Even in the case before us now, there is a reservation
of 15 per cent of seats of posts in favour of members falling under
a classification styled as 'special group' which is based on similar -
11.c.v. KUMAR F. KARNATAl!!A (Venkataramiah, J.) 489

occupation·cum-income considerations. Even here no serious
objection is taken by any party to the said classification treating A
• persons who satisfied the prescribed tests as being eligible for
reservation. It is apparent that this 'special group' is a creature of
social, economic and political necessity. Since a classification made
on the above said basis has received the approval of a Constitution
Bench of equal strength and its correctness is not challenged before B
us, we treat this classification as a valid one even though a criticism
of this kind of classification was made, not unjustifiably as we now
see, by the Mysore High Court in D.G. Viswanath's case.( 1) This
classification would include persons of all catses, groups and
communities provided the two tests namely, occupation test and
income test are satisfied. c
Next comes the vexed question relating to the extent of
reservation that can be made under Art. 15 (4) and Art. 16 (4) of
the Constitution. Jn Ba/aji's case (supra) this Court took the view
that since Article 15 (4) is an exception to Article 15 (I) and D
Article 16 (4) is an exception to Article 16 (1) and (2) any reserva·
tion made under Article 15 (4) and Article 16 (4) should not exceed
50 per cent of the total number of seats or posts, as the case may
be. The Court held that reservation of 68 per cent of seats under
Article 15 (4) which was a special provision was invalid. The Court
further held that 'speaking generally and in a broad way a special ll
provision should be less than 50 per cent, how much less than 50 per
cent would depend upon the relevant prevailing circumstances in
each case'. This statement was understood by a Constitution Bench
of this Court in T. Devadasan v. The Union of India and Anr.(') as
laying down the rule that reservation under Article 15 (4) or Article
16 (4) could not be more than 50 per cent of seats or posts. In
that case Mudholkar, J. speakina for the majority said at
page 698:

"Even if the Government had provided for the
reservation of posts for Scheduled Castes and Tribes a G
cent per cent reservation of vacancies to be filled in a
particular year or reservation of vacancies in excess of
50 per cent would, according to the decision in Balaji's
case, not be constitutional''.
H
(1) A.I.R. 1964 Mys, 132.
(2) (1964) 4 S.C.R. 680.
490 SUPREME COURT REPORTS (1985] SUPPL. s.c.ll.

But in the State of Kera/a and Anr. v. N.M. Thomas and Or~.
(supra) the question relating to the permissible extent of reservation
arose for consideration. Ray, C.J. came to the conclusion that taking
into consideration the entire Government service, there was no
excessive concession shown to the employees belonging to the
-
Scheduled Castes and Scheduled Tribes. Beg, J. (as he then was)
was also of the same view. Fazal Ali, J. observed at page 1005
B
thus:

"This means that the reservation should be within
the permissible limits and should not be a cloak to fill all
the posts belonging to a particular class of citizens and
c thus violate Art. 16 (I) of the Constitution indirectly. At
the same time clause (4) of Art. 16 does not fix any limit
on the power of the Government to make reservation.
Since clause (4) is a part of Art. 16 of the Constitution
it is manifest that the State cannot be allowed to indulge
in excessive reservation so as to defeat the policy contai-
D ned in Art. 16 (I). As to what would be a suitable
reservation within permissible limits will depend upon the
facts and circumstances of each case and no hard and
fast rule can be laid down, nor can this matter be reduced
to a mathematical formula so as to be adhered to in all
cases. Decided cases of this Court have no doubt laid
E down that the percentage of reservation should not
exceed 50 per cent. As I read the authorities, this is,
however, a rule of caution and does not exhaust all
categories. Suppose for instance a State has a large
number of backward classes of citizens which constitute
F 80 per cent of the population and the Government, in
order to give them proper representation, reserves 80 per
cent of the jobs for them, can it be said that the percent-
age of reservation is bad and violates the permissible

G
limits of clause (4) of Art. 16 ? The answer must
necessarily be in the negative. The dominant object of
this provision is to take steps to make inadequate
..
representation adequate."

Krishna Iyer, J. in the same case observed at page 981
thus:
H
"I agree with my learned brother Fazal Ali, J. in the
view that the arithmetical limit of 50 per cent in any one
K.C.V. KUMAR v. KARNATAKA (Venkataramiah, J.) 491

year set by some earlier rulings cannot perhaps be pressed
too far. Overall representation in a department does not A
depend on recruitment in a particular year, but the total
strength of a cadre. I agree with his construction of
Art. 16 (4) and his view about the 'carry forward' rule."

After carefully going thrnugh all the seven opinions in the B
above case, it is difficult to held that the settled view of this Court
that the reservation under Article 15 (4) or Article 16 (4) could not
be more than 50 per cent bas been unsettled by a majority on the
Bench which decided this case'. I do not propose to pursue this point
further in this case because if reservation is made only in favour of
those backward castes or classes which are comparable to the C
Scheduled Castes and Scheduled Tribes, it may not exceed 50 per
cent (including J 8 per cent rese1ved for the Scheduled Castes and
Scheduled Tribes and 15 per cent reserved for 'special group') in
view of the total population of such backward classes in the State of
Karnataka. The Havanur Commission has taken the number of D
students passing at S S.L.C. examination in the year 1972 as the
basis for determining the backwardness. The average passes per
thousand of the total population of the State of Karnataka was
l.69 in 1972. The average in the case of the Scheduled Castes was
0.56 and in the case of Scheduled Tribes was 0.51. Even if we take
all the castes, tribes and communities whose average is below 50 per E
cent of the State average i.e. below .85 per cent for classifying them
as backward, large chunks of population which are now treated as
backward would have to go out of the list of backward classes.
Consequently the necessity for reservation which would take the
total reservation under Article 15 (4) and Article 16 (4) beyond 50 F
per cent of the total number of seats/posts would cases to exist.
The present arrangement has been worked for more than five years
already. It is now necessary to redetermine the question of back·
wardness of the various castes, tribes and communities for purposes
of Article 15 (4) and Article 16 (4) in the light of the latest figures
to be collected on the various relevant factors and to refix the extent G
of reservation for backward classes. The reservation of 15 per cent
now made under Article 15 (4) and Article 16 (4) but which may be
traced to Article 14 and Article 16 (!)to 'special group' based on
occupation-cum-income can in any event be availed of by members
of all communities and castes. H
At this stage it should be made clear that if on a fresh deter-
mination some castes or communities have to go out of the list of
492 SUPREME COURT REPORTS [198SJ SUPPL. s.c.l.

backward classes prepared for Article 15 (4) and Article 16 (4), th•
A Government may still pursue the policy of amelioration of weaker
sections of the population amongst them in accordance with the
directive principle contained in Article 46 of the Constitution. There
are in all castes and communities poor people who if they are given
adequate opportunity and training may be able to compete success·
fully with persons belonging to richer classes The Government may
B
provide for them liberal grants of scholarships, free studentship, free
boarding and lodging facilities, free uniforms, free mid-day meals
etc. to make the life of poor students comfortable. The Government
may also provide extra tutorial facilities, stationery and books free
of cost and library facilities. These and other steps should be taken
c in the lower classes so that by the time a student appears for the
qualifying examination he may be able to attain a high degree of
proficiency in his studies.

The State Government shall now proceed to redetermine the
whole question of reservation of seats/posts under Article I~ (4)
D and Article 16 (4) of the Constitution in this judgment.

S.R.