CLAT Legal-Aptitude: Questions 12 - 12 of 1066
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Question number: 12
Appeared in Year: 2012
(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 violative 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.
Which of the following derivations is CORRECT?
III and IV are correct answers
III is correct answer
I and II are both correct answers
I is correct