Constitution of India

— Arts. 15(4), 16(4) & 14 and 340 — Reservation/Affirmative action — Amalgamation of Extremely Backward Category and Backward Category — Permissibility and proper mode for — Susceptibility to judicial review — Reference to a Backward Classes Commission/Special Commission in terms of Indra Sawhney case, 1992 Supp (3) SCC 217 to determine such question — Mandatory requirement of — Need for adduction of empirical evidence/materials to show that community in question was adequately represented before taking away of benefit of reservation — Held, a bald statement by the State that there was careful application of mind by Council of Ministers is not enough — State directed to appoint Expert Commission or body as provided for in Indra Sawhney case within three months of receipt of this order to undertake a deep study and research and to make binding recommendations, (2006) 6 SCC 718-A

Constitution of India

— Arts. 15, 16 & 14 and 335 — Reservation/Affirmative action — Classification for purposes of — Sub-division of class — Permissibility — Held, there is no constitutional bar to a State categorising the Backward Classes as backward and more backward, (2006) 6 SCC 718-B