Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
In reservation policy cases, Indian courts apply proportionality to balance affirmative action with merit, requiring that reservations be based on ______ data showing backwardness and inadequacy of representation.
- anecdotal
- quantifiable
- political
- historical
Answer: quantifiable
Proportionality in reservation jurisprudence: (a) Indra Sawhney (1992): Upheld 27% OBC reservation with creamy layer exclusion; required quantifiable data on backwardness, (b) M. Nagaraj (2006): Reservation in promotions requires: (i) Quantifiable data showing backwardness of class, (ii) Proof of inadequacy of representation in particular posts, (iii) Maintenance of overall administrative efficiency, (c) Davinder Singh (2024): Sub-classification within SCs requires quantifiable data showing intra-group inequalities, (d) Proportionality application: (i) Legitimate aim: Remedying historical disadvantage, promoting substantive equality, (ii) Rational connection: Reservation must target genuinely backward groups, (iii) Necessity: Creamy layer exclusion ensures benefits reach neediest; no less restrictive alternative, (iv) Balancing: Affirmative action benefits vs. merit considerations; 50% ceiling (with exceptions) balances equality goals with efficiency, (e) Evolution: From formal equality (treating likes alike) to substantive equality (addressing structural disadvantage) guided by proportionality. Illustrates calibrated affirmative action: empirical basis ensuring reservations achieve transformative justice without undermining merit/administrative efficiency.