.... The intensity must vary depending on the nature of the compensatory discrimination whether it is primarily for individual benefit or whether the quality of public service is directly affected. Krishna...administrative efficiency and is presumably barred by Article 335’. Lowering of standards for the purpose of compensatory discrimination is limited to competing commitments to efficient administration...main examination by applying compensatory preference even at the stage of admission in the main examination is violative of Articles 14 and 16 of the Constitution of India...

...citizens who are socially and educationally backward so as to merit preferred treatment or compensatory discrimination or affirmative action.6. A brief survey of decisions bearing...disabilities. To achieve it differential treatment of persons who are unequal is permissible. This is what is styled as compensatory discrimination or affirmative action. In a concurring judgment, Krishna...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...

...) and 16(6). It could easily be seen that but for this exclusion, the entire balance of the general principles of equality and compensatory discrimination would be disturbed, with extra or excessive..., compensatory discrimination by virtue of Articles 15(4), 15(5) and 16(4), cannot justifiably raise the grievance that in another set of compensatory discrimination for another class, they have been excluded.... It gets, perforce, reiterated that the compensatory discrimination, by its very nature, would be structured as exclusionary in order to achieve its objectives. Rather, if the classes for whom...

...remedy any kind of inequality and conditions of unfairness. Benign and compensatory discrimination has to be resorted to by the State in favour of the weaker sections of the society as unaided; they...chances to clear the examination. According to him this amounts to reverse discrimination. In support of his submission he places reliance on the decision of the Supreme Court in Ajit Singh...Constitution allows the State to take positive action in order to strike out and eradicate discrimination. Articles 14, 15 and 16 are manifestation of goal of equality set...

...are equals at that stage and should be treated alike. Compensatory preference or compensatory discrimination to historically disadvantageous classes can only be done without forsaking the commitment for...proliferate to such an extent as to prove fatal to the basic proficiency and efficiency. The intensity must vary depending on the nature of the compensatory discrimination whether it is primarily for...presumably barred by Art. 335. Lowering of standards for the purpose of compensatory discrimination is limited to competing commitments to efficient administration. Public interest demands concern for...

...operation of these articles, an array of programmes of compensatory or protective discrimination have been pursued by the various States and the Union Government. Marc Galanter, in his book Competing...Equalities has described the constitutional scheme of compensatory discrimination thus:“These compensatory discrimination policies entail systematic departures from norms of...policies of compensatory discrimination under Article 15(4) have to be designed and pursued to achieve this ultimate national interest. At the same time, the programmes and policies cannot be...

...compensatory discrimination to help the disadvantaged sections, namely, the rural people. It is trite to say that India lives in the villages and is inhabited predominantly by poorer sections of people. The...office under the State reinforces that guarantee by prohibiting under clause (2) discrimination on the grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them. Be...it noted that in the allied article — Article 15 — the word “residence” is omitted from the opening clause prohibiting discrimination on specified grounds. Clauses (3) and (4) of Article...

...rendering social and economic justice. The purpose of compensatory treatment is not to remedy the yesterday's discrimination but to serve today's social needs. True compensation can only be the provision of...past experience of discrimination suffered by a race but the compensatory treatment it directed at the present need based upon one's own membership in a historically disadvantaged group...class of citizens. Compensatory discrimination constitutes a complete and inevitable commitment by the people and for the people and charged their government and the state (of course including courts...

...of Distributive Justice, the bids of the preferred classes within that range have to be considered. The principle of compensatory discrimination has been adopted keeping in mind the disparities between...the different social strata in the country and it requires that the Backward Classes should be compensated and if that be called a discrimination, it must be tolerated as compensatory discrimination.7...

...that but for this exclusion, the entire balance of the general principles of equality and compensatory discrimination would be disturbed, with extra or excessive advantage being...recipient of, and beneficiary of, compensatory discrimination by virtue of Articles 15(4), 15(5) and 16(4), cannot justifiably raise the grievance that in another set of compensatory...discrimination for another class, they have been excluded. It gets, perforce, reiterated that the compensatory discrimination, by its very nature, would be structured as exclusionary in...

...that but for this exclusion, the entire balance of the general principles of equality and compensatory discrimination would be disturbed, with extra or excessive advantage being...recipient of, and beneficiary of, compensatory discrimination by virtue of Articles 15(4), 15(5) and 16(4), cannot justifiably raise the grievance that in another set of compensatory...discrimination for another class, they have been excluded. It gets, perforce, reiterated that the compensatory discrimination, by its very nature, would be structured as exclusionary in...

...that but for this exclusion, the entire balance of the general principles of equality and compensatory discrimination would be disturbed, with extra or excessive advantage being...recipient of, and beneficiary of, compensatory discrimination by virtue of Articles 15(4), 15(5) and 16(4), cannot justifiably raise the grievance that in another set of compensatory...discrimination for another class, they have been excluded. It gets, perforce, reiterated that the compensatory discrimination, by its very nature, would be structured as exclusionary in...

...) and 16(4) from getting the benefit of reservation as economically weaker sections, being in the nature of balancing the requirements of nondiscrimination and compensatory discrimination, does not...

...417 for contending that compensatory discrimination should be made in respect of people belonging to SC/ST candidates and lower standard of eligibility must be prescribed. In paragraph 5, the Supreme...

...panchayats at all the three tiers is clearly an example of “compensatory discrimination” especially in view of the fact that the Scheduled Areas under consideration were completely under a separate...of compensatory discrimination which goes beyond the ordinary standards of “adequate representation” and “proportionate representation”. The standard of “adequate representation” comes into play when...the Constitution. It is a protective discrimination permissible on a reasonable classification of different sections of the society into more oppressed backwards and the forwards. The peculiar...

..., took care to incorporate, in the Constitution provisions desinged to provide compensatory discrimination in favour of these sections. The disabled include Scheduled tribes. Groupes to be recognised as.... Nothing more pernicious of the equality promise in Art. 14 and freedoms incorporated in Art. 19 can be conceived of. Articles 15 and 16 permit compensatory discrimination for classes like Scheduled...

...compensatory discrimination would be disturbed, with extra or excessive advantage being given to the classes already availing the benefit under Articles 15(4), 15(5) and 16(4). In.... 190. Putting it in other words, the classes who are already the recipient of, and beneficiary of, compensatory discrimination by virtue of Articles...15(4), 15(5) and 16(4), cannot justifiably raise the grievance that in another set of compensatory discrimination for another class, they have been excluded. It gets, perforce...

...compensatory discrimination would be disturbed, with extra or excessive advantage being given to the classes already availing the benefit under Articles 15(4), 15(5) and 16(4). In.... 190. Putting it in other words, the classes who are already the recipient of, and beneficiary of, compensatory discrimination by virtue of Articles...15(4), 15(5) and 16(4), cannot justifiably raise the grievance that in another set of compensatory discrimination for another class, they have been excluded. It gets, perforce...

...compensatory discrimination would be disturbed, with extra or excessive advantage being given to the classes already availing the benefit under Articles 15(4), 15(5) and 16(4). In.... 190. Putting it in other words, the classes who are already the recipient of, and beneficiary of, compensatory discrimination by virtue of Articles...15(4), 15(5) and 16(4), cannot justifiably raise the grievance that in another set of compensatory discrimination for another class, they have been excluded. It gets, perforce...