Judges’ Observations on ‘Backwardness’ in Indra Sawhney Case
In Indra Sawhney v. Union of India (1992), the following observations were made in regard to the myriad features of backwardness including economic backwardness: – S. Ratnavael Pandian, J. “44.…
The Expansion of Doctrine of Equality by Supreme Court in N.M. Thomas Case- Judges’ Observations
The domination of a class generates, after a long night of sleep or stupor of the dominated, an angry awakening and protestant resistance and this conflict between thesis, i.e. the…
Economic Disabilities and Affirmative Action- What Supreme Court Said?
The social revolution was put at the top of the national agenda by the Constituent Assembly when it adopted Objectives Resolution. In Kesavananda Bharthi v. Union of India (1973), it…
Reservation and Quota System- Compensatory discrimination
In the multifaceted social structure, ensuring substantive and real equality, perforce, calls for consistent efforts to remove inequalities, wherever existing and in whatever form existing. Hence, the State is tasked…
The substantive quality of right to equality
“Liberty and equality are words of passion and power. They were the watchwords of the French Revolution; they inspired the unforgettable words of Abraham Lincoln’s Gettysburg Address; and the U.S.…
The Origin and Journey of Doctrine of Basic Structure
Since there are no signposts signalling basic features of the Constitution, every attempt to discover a basic feature becomes a ‘voyage of discovery’. -O Chinnappa Reddy The amendment procedure is…
The President alone have power to identify socially and educationally backward classes
In the decision of Jaishri Laxmanrao Patil vs The Chief Minister and Ors. , Supreme Court considered the validity of the Constitution (One Hundred and Second Amendment) Act, 2018 which,…
What Supreme Court said when the law for the composition of Panchayat, was challenged?
In K. Krishna Murthy (Dr.) and Ors. v. Union of India and Anr.: (2010) 7 SCC 202, the Constitution (Seventy-third Amendment) Act, 1992 and the Constitution (Seventy-fourth Amendment) Act, 1992…
M. Nagraj v. Union of India (2007) – A Brief
In M. Nagraj v. Union of India (2007), the Constitution Bench validated- the Constitution (Seventy-seventh Amendment) Act, 1995 which inserted Article 16(4-A); the Constitution (Eighty-first Amendment) Act, 2000 which inserted…
What Supreme Court’s Judges said when they laid down Basic structure Doctrine in Kesavananda Case
In Kesavananda Bharthi v. Union of India (1973) case, Apex Court outlined the basic structure doctrine of the Constitution. In fact, in Kesavananda, the Court, by a 7-6 majority, went…