journal

sub-classification

Channel

“Group-based sub-classification does not really ensure more substantive equality”: Dr. Surendranath on the sub-classification judgement

In an interview with the Supreme Court Observer, Dr Anup Surendranath discusses the impact of the sub-classification judgement

R. Sai Spandana

3rd Sep 2024

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50 percent

Analysis

An opportunity for the Court to reconsider the 50 percent reservation ceiling of ‘Indra Sawhney’

The Bihar government has appealed the High Court’s decision striking down amendments providing 65 percent reservation for backward classes

Sushovan Patnaik

31st Aug 2024

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reservations

Analysis

Reservations and sub-classification of SC/STs: A mixed bag for substantive equality

The Court settles doubts around ‘efficiency’ as a limitation to reservations, but its approach to methodology & creamy layer raise questions

Anup Surendranath

22nd Aug 2024

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decision

Analysis

Five must-reads on the sub-classification decision

SCO curates a list of articles to convey the range of predictions, reactions and concerns around how the decision will play out in practice

R. Sai Spandana

9th Aug 2024

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sub-classification

Analysis

Carving out a new quota

While upholding sub-classification for the SC/ST categories, the Court noted that there are varying degrees of backwardness within the group

Advay Vora

5th Aug 2024

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Analysis

What is the Bihar government’s 65 percent reservation quota challenge in the Supreme Court?

The Bihar government has appealed against a Patna HC decision which declared its 65 percent reservation in the state as unconstitutional

Advay Vora

29th Jul 2024

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Sub-classification within reserved categories | Arguments summary

Channel

Sub-classification within reserved categories | Arguments summary

A seven-judge Constitution Bench reserved judgement on the validity of sub-classifications within reserved categories

R. Sai Spandana

29th Feb 2024

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sub-classification

Analysis

‘The battle of backwardness within backwardness’

The top court's reconsideration of a 20-year-old judgement could be pivotal in clarifying that caste can also be a class category

R. Sai Spandana

12th Feb 2024

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Analysis

Equality among equals: five must-reads on the necessity of affirmative action

In the wake of the passing of the Women’s Reservation Bill, we curate some thought-provoking reads on the true intent of affirmative action

Sushovan Patnaik

25th Oct 2023

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Analysis

The Women’s Reservation Bill has a long history of arguments and stakes

DESK BRIEF: After two years of silence from the government in a PIL, Parliament abruptly passed the bill in a special session

Krithiha V. and Sushovan Patnaik

25th Sep 2023

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Reservation policies in India

Analysis

2022 Supreme Court Review: Reservations

Judgments on various reservation policies this year provided little clarity on what this affirmative action measure is meant to accomplish.

Gauri Kashyap

28th Dec 2022

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Channel

SC Daily Update: Challenge to Reservations for Economically Weaker Citizens

Hearings in the challenge to reservation for economically backward citizens began. Key questions on the purpose of reservations were raised.

Ayushi Saraogi and Gauri Kashyap

13th Sep 2022

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cases

In re: Article 334 of the Constitution of India

A 5-Judge Constitution Bench will decide if the Union Government can keep extending reservation in Lok Sabha and State Legislature, despite Constitutional provision capping it at 10 years from 1950 under Article 334.

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Next Hearing: November 21, 2023

Last Updated:

Bench:D.Y. Chandrachud CJI, A.S. Bopanna J, M.M. Sundresh J, J.B. Pardiwala J, Manoj Misra J

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State of Andhra Pradesh v B. Archana Reddy

The SC will decide the validity of the Andhra Pradesh government’s 2005 decision to grant 5% reservations in educational institutions and public services to the entire Muslim Community

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Pattali Makkal Katchi v Mayileruperumal

The Supreme Court held that Tamil Nadu's reservation for Vanniyars in education and employment within the Most Backward Classes category was unconstitutional. The Court observed that the reservation was not supported by empirical data on backwardness.

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Last Updated: 20211217

Bench:L.N. Rao J, B.R. Gavai J, B.V. Nagarathna J

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Jarnail Singh v Lacchmi Narain Gupta

The Court looked into whether reservations for SCs and STs should extend to promotions, by assessing its 2006 Nagaraj judgment. It will now give clarifications on its 2018 judgment. The clarifications will determine how inadequate representation can be quantified through data.

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Next Hearing: August 17, 2022

Last Updated: 20211026

Bench:L.N. Rao J, Sanjiv Khanna J, B.R. Gavai J

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Neil Aurelio Nunes v Union of India

Having decided that seats in the All India Quota can be reserved for OBC candidates in January 2021, the SC will decide whether the Union government’s ₹8 lakh annual income criteria for determining EWS status in the forward castes is constitutional.

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Next Hearing: September 7, 2022

Last Updated: 20211028

Bench:D.Y. Chandrachud CJI, Surya Kant J

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Swati Bidhan Baruah v Union of India

The Supreme Court is deciding whether the Transgender Persons (Protection of Rights) Act, 2019 violates fundamental rights guaranteed under Articles 14, 15, 16, 19 and 21 of the Constitution.

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Next Hearing:

Last Updated: 20200127

Bench:S.A. Bobde CJI, A.S. Bopanna J, Hrishikesh Roy J

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EWS Reservation

Decided

Janhit Abhiyan v Union of India

In a 3-2 majority, the Supreme Court upheld the 103rd Constitutional Amendment providing EWS reservation. With this, the Court extended the net of reservation benefits to include solely economic backwardness.

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State of Punjab v Davinder Singh

The Supreme Court held that sub-classification of the SC and ST categories is permissible and states have the power to create these sub-classifications

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Jaishri Laxmanrao Patil v Chief Minister, Maharashtra

The Supreme Court struck down Maharashtra’s Socially and Educationally Backward Classes Act, 2018, which grants reservations to the Maratha community for violating the 50% limit on reservations and the 102nd Amendment of the Constitution.

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