A Critique of K.C. Vasanth Kumar Vs.

State of
Karnataka

A rough draft submitted in partial fulfilment of the course

of Constitutional Law-I during the academic session 2019-
20, Semester V

Submitted by: Aanchal

Roll no: 181602

B.B.A. LL.B. (Hons.)

Submitted to: Prof. Dr. Anirudh Prasad

Constitutional Law-I

August, 2019

Chanakya National Law University, Mithapur,

Patna, 800001
  INTRODUCTION.

In the pre-independent 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 Maharaja of Mysore appointed a committee under the
chairmanship Or Sir Leslie C. Miller, Chief Justice of the Chief Court of Mysore to
investigate and report on the problemof backward classes. The questions referred to that
Committee 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;
(iii) any other special measures which might be taken to increase the representation of
backward communities in the public service 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. The expressions 'backward classes' and 'backward communities, were used
almost interchangeably and that the 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 submitted its report in 1921 containing
its opinion that all communities in the State other than Brahmins should be understood as
backward communities regarding whom it made certain recommendations.
The Supreme Court of India has held that right to die with dignity is a fundamental right. The
Bench also held that passive euthanasia and a living will also legally valid. The Court has
issued detailed guidelines in this regard. “The right to life and liberty as envisaged under
Article 21 of the Constitution is meaningless unless it encompasses within its sphere
individual dignity. With the passage of time, this Court has expanded the spectrum of Article
21 to include within it the right to live with dignity as component of right to life and liberty”.
In order to bring about uniformity the State Government issued a notification containing
the list of backward classes for the purpose of Article 15(4) of the Constitution at the
beginning of 1959. The Commission recommended that person belonging to 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 Commission divided the backward classes into (a) backward communities
consisting of 9 castes (b) backward castes consisting of 115 castes and (c) backward tribes
consisting of 61 tribes.

 OBJECTIVE OF THE STUDY:

a. To analyze the impact of Articles related to the topic.
b. To study the constitutional provisions regarding the case.
c. To study the judicial interpretation regarding the provisions.

 HYPOTHESIS:
This paper would focus on:
a) The meaning of the term "socially and educationally backward classes" appearing
in Article 15(4) as "The backwardness under Article 15(4) must be social and
educational.
b) Article 16(4) prevent the State from making any provision for the reservation of
appointments or posts in favor of any backward class of citizens which, in the
opinion of the State, is not adequately represented in the services under the State

 RESEARCH METHODOLOGY
1. Doctrinal method :- Books, internet, journals, judgements etc.
2. Researcher will mainly rely on library based study.
3. The researcher would like to follow doctrinal research methodology.
 SOURCES OF DATA COLLECTION:-
1. Primary sources- Judgements of apex court, articles of Constitution of India, statute,
precedent & other official document.
2. Secondary sources- statement of judges, websites, articles, news paper, books,
journals etc.
 LIMITATION & SCOPE OF THE STUDY.
Due to lack of time, finance and lack of resources my research work is wholly based
on doctrinal method of research, my research work doesn’t rely on non-doctrinal
research or empirical research.

 Tentative Chapterization.
1. Introduction.
2. Relevant facts of the case
3. Articles referred in the case
4. Referred Cases
5. Judgement
6. Conclusion & Suggestion.
7. Bibliography