The validity of the order of the Government of India dated 13 August 1990,…
2023
The validity of the order of the Government of India dated 13 August 1990, providing reservation for socially and educationally backward classes, was decided in which of the following years?
Answer: B. 1992 — ConceptAn executive order and the judicial decision reviewing it are separate events. To identify the decision year, first locate the judgment that…
- A.
1991
- B.
1992
- C.
1993
- D.
More than one of the above
- E.
None of the above
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Show answer & explanation
Correct answer: B
Concept
An executive order and the judicial decision reviewing it are separate events. To identify the decision year, first locate the judgment that adjudicated the order, then use the date on which that judgment was pronounced—not the date of the order.
This method prevents the date of a policy measure from being confused with the date of its constitutional review.
Application
The Government of India issued the reservation order on 13 August 1990. Its validity was examined by a nine-judge Bench of the Supreme Court in Indra Sawhney v. Union of India.
Identify the policy event: the reservation order was issued in 1990.
Identify the reviewing judgment: Indra Sawhney v. Union of India dealt with the validity of that order.
Use the judgment date: the Supreme Court pronounced the decision on 16 November 1992.
Cross-check and contrast
1991 is after the order but before the judgment date.
1993 is after the judgment had already been pronounced.
More than one of the above cannot apply because the judgment has a single pronouncement date.
None of the above does not apply because the judgment year appears among the listed values.
Therefore, the validity was decided in 1992.