From pushing for SC/ST reservations in government jobs to begin undoing years of backwardness and poor representation to differing on the SC’s indictment of then Bihar Governor Buta Singh (he disagreed on calling the dissolution itself unconstitutional), Justice KG Balakrishnan has not been known to mince words while following the book. The judgment most special to him: making mid-day meals a must in schools

OCTOBER 19, 2006: Compelling reasons for SC/ST quota in govt jobs

Justice Balakrishnan was part of the unanimous verdict by the Constitution Bench that upheld the Constitutional validity of the 77th Amendment providing reservations for SC and STs for promotion in government jobs.

“We reiterate that the ceiling limits of 50 per cent, the concept of creamy layer and the compelling reasons namely backwardness, inadequacy of representation and overall administrative efficiency are all constitutional requirements without which the structure of equality of opportunity in Article 16 would collapse.”

However, the Bench headed by Chief Justice Y K Sabharwal ruled that the creamy layer be excluded from its benefits. “It is made clear that even if the state has compelling reasons...(it) will have to see that its reservation provision does not lead to excessiveness so as to breach the ceiling limit of 50 per cent or obliterate the creamy layer of extended reservation indefinitely,” said the 5-judge bench.

AUGUST 22: PILs not meant to advance political gain, settle scores

A majority verdict (2:1), which included Justice Balakrishnan, rejected two “PILs” (filed by MP Rajiv Ranjan Singh and Bihar Deputy Chief Minister Sushil Modi) seeking cancellation of bail granted to Railway Minister Lalu Prasad and his wife Rabri Devi in the multi-crore fodder scam and disproportionate assets case.

... contd.