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Why The Clarification Petition Filed By The Union Of India In The Transgender Case Is Incorrect In Law And In Bad Faith On The Question Of Reservation, Surabhi Shukla
William & Mary Journal of Race, Gender, and Social Justice
In this Article, I make an argument that the state, including the Government of India, is empowered by the Constitution of India to decide which classes qualify as “backward classes” for affirmative action measures under the Constitution. The Supreme Court of India has directed the government to include the transgender population as a backward class and to extend to them affirmative action measures such as reservation in public appointments and university admissions. In response, the Union of India has filed a clarification petition stating that it is incompetent to suo motu include the transgender population as a backward class and …