Trial in the Absence of the Counsel of the Accused is not Fair Procedure
The Supreme Court in the case Md Sukur Ali v. State of Assam (2011) analysed the law on the point. The court said, Even assuming that the counsel for the…
Justice Sanjay Kishan Kaul on Artistic Freedom and Obscenity
The article is an excerpt from the judgment of Justice Kishan Kaul in Maqbul Fida Hussain v. Rajkumar Pandey (2008) Pablo Picasso, a renowned artist said, “Art is never chaste.…
Reservation more than 50%- When it started and what is its significance?
MR Balaji v. State of Mysore (1962), In MR Balaji v. State of Mysore (1962), a Constitution Bench of Supreme Court rejected the argument that in the absence of a…
The Concept of ‘Creamy Layer’- Indira Sawhney Case
‘Means’ test and ‘creamy layer’ ‘Means test’ in this discussion signifies imposition of an income limit, for the purpose of excluding persons (from the backward class) whose income is above…
Mechanism Suggested by Supreme Court to Identify Backward Classes in Indira Sawhney Case
This is an edited excerpt from Indira Sawhney Judgment (Headings have been added) There is no set or recognised method. There is no law or other statutory instrument prescribing the…
Meaning of ‘Backward Class’- An Insight from Constitutional Assembly Debates
An Excerpt from Indira Sawhney Judgment It must be noted what is said during these debates is not conclusive or binding upon the court because several members may have expressed…
Backward Classes in Pre-Independence India- ‘Caste’ and ‘Class’ in Colonial India’s Administrative Frameworks
The words ‘Caste’ and ‘Class’ in Pre-Constitution India Madras Province In the Madras Provincial and Subordinate Service Rules, 1942, framed by the Governor of Madras under Section 241(2)(b) read with…
Whether Clause (4) of Article 16 is exhaustive of the topic of reservations
An Excerpt from Indira Sawhney Judgement Meaning of Reservation Its meaning has to be ascertained having regard to the context in which it occurs. The relevant words in Section 16…
Earlier Cases on Reservation After Independence
Cases of Champakam Dorairajan and Venkataraman (1951) Soon after the enforcement of the Constitution two cases reached Supreme Court from the State of Madras – one under Article 15 and…
The Framing of Article 16: Debates in the Constituent Assembly
Draft Article 10 Draft Article 10 corresponds to Article 16. The debate in the Constituent Assembly on draft Article 10 and particularly Clause (3), thereof helps us to appreciate the…