journal

Analysis

2021 Monsoon Session Review

The Court’s Monsoon Session was dominated by cases related to tribunals and reservations. Several constitutional cases remain pending.

13th Oct 2021

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Analysis

Monthly Review: September 2021

In September, nine new judges settled into their role. The Court began to hear important cases on reservations and tribunals.

30th Sep 2021

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Analysis

Striking Down the ‘Barrier’ of Disability

DESK BRIEF: The Court has upheld the right to reservation in promotions for persons with disability.

28th Jul 2021

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Channel

SCO Explains: Maratha Reservations Hearings – The 50% Rule (3/4)

We look at the arguments on whether the 50% limit is binding precedent, and its scope in applying it to Maratha reservations.

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28th Jun 2021

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Channel

SCO Explains: The 50% Limit on Reservations (2/4)

We look at the rationale and the development of the 50% limit on reservations, which was an issue in the Maratha Reservations case.

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26th Jun 2021

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cases

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 will decide if sub-classification of the SCs and STs is constitutionally permissible and if states have the power to create these sub-classifications

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Next Hearing: February 6, 2024

Last Updated: 20200827

Bench:D.Y. Chandrachud CJI, B.R. Gavai J, Vikram Nath J, B.M. Trivedi J, Pankaj Mithal J, Manoj Misra J, S.C. Sharma J

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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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