CLAT CLAT Solved Paper-2012

  • question_answer
    Principle
    (1) The state shall not deny to any person equality before the law and equal protection of the laws within the territory of India.
    (2) The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex and place of birth or any of them.
    Facts The Government of Rajasthan, passed an order providing for reservations for the Scheduled Castes Scheduled Tribes and socially and educationally backward Classes (including Muslims), and women, in all institutions of higher education, including private educational institutions, both aided as well as unaided, in the following manner Scheduled Caste 15%; Scheduled Tribe 7.5%, Socially and Educationally Backward Classes (including Muslims) 27%
    I.          The reservation policy of the government is violate of the principle of equality envisaged in the Constitution.
    II.         The reservation policy is unconstitutional because it is based on 'caste' which is a prohibited marker.
    III.        Reservation does not violate equality clause as it entails 'like should be treated like and unlike should be treated differently.'
    IV.        Reservation does not violate equality clause as the Constitution itself enables the State to make special provision for the advancement of, socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.

    A)  Only I is correct

    B)  Only I and II both are correct

    C)  Only III is correct

    D)  Only III and IV both are correct

    Correct Answer: D

    Solution :

    Ans.      


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