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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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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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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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.
28th Jun 2021
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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.
26th Jun 2021
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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.
MoreLast Updated: 20211217
Bench:L.N. Rao J, B.R. Gavai J, B.V. Nagarathna J
Reservation in Promotion
Pending
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.
MoreNext Hearing: August 17, 2022
Last Updated: 20211026
Bench:L.N. Rao J, Sanjiv Khanna J, B.R. Gavai J
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.
MoreNext Hearing: September 7, 2022
Last Updated: 20211028
Bench:D.Y. Chandrachud CJI, Surya Kant J
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.
MoreNext Hearing:
Last Updated: 20200127
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.
MoreLast Updated: 20200806
Bench:U.U. Lalit CJI, Dinesh Maheshwari J, S.R. Bhat J, B.M. Trivedi J, J.B. Pardiwala J
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
MoreNext 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
Maratha Reservation
Decided
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.
MoreLast Updated: 20210628
Bench:Abdul Nazeer J, L.N. Rao J, Hemant Gupta J, Ashok Bhushan J, S.R. Bhat J