'To Change 50% Reservation Limit Is To Have A Society Which Is Not Founded On Equality But Based On Caste Rule': SC Refuses To Revisit Indra Sawhney Judgment

"To change the 50% limit is to have a society which is not founded on equality but based on caste rule" , the Supreme Court observed in its judgment in Maratha Quota case while reiterating that reservation under Article 16(4) should not exceed 50% except when there are extraordinary circumstances."The democracy is an essential feature of our Constitution and part of our basic structure. If...

Centre's Formula To Allocate Oxygen To States Based On Hospital Beds Needs Rethink : Supreme Court

The Supreme Court on Wednesday observed that the Centre should consider revisiting its formula which computes the liquid medical oxygen requirement of the states/UTs based on the number of ICU/Non-ICU beds.The bench of Justices D. Y. Chandrachud and M. R. Shah recorded the submission of Solicitor General Tushar Mehta that an expert group has been constituted by the central government...

COVID & Lockdown Affected Migrants- "Frame Scheme Providing Relief To Voiceless, Marginalized Sections Of Society": Delhi HC To Govt.

Dealing with a writ petition filed seeking registration of all migrant workers of Delhi under Section 10 of The Unorganised Workers' Social Security Act, 2008 and to provide free medicines and medical facilities to the migrant workers, the Delhi High Court on Monday (May 3) issued significant direction to the Delhi Government.The Bench of Justice Manmohan and Justice Asha Menon remarked,"In...

"Extreme or Harsh Point Of View Not Hate Speech": Bombay High Court Reiterates The Ingredients Of Section 153A IPC

Observing that an extreme or harsh point of view would not amount to hate speech, the Bombay High Court quashed an FIR against Navi Mumbai resident Sunaina Holey. The right to express one's views is a protected and cherished right in our democracy. Merely because the point of view of the Petitioner is extreme or harsh will not make it a hate speech as it is only expressing a...

Reservation In Public Services Not The Only Method For Improving Welfare Of Backward Classes; State Should Bring Other Measures : Supreme Court

In the judgment delivered in the Maratha quota case, a constitution bench of the Supreme Court has observed that reservation in public services is not the only means for improving the welfare of backward classes and that the State should bring other measures also for affirmative action."Providing reservation for advancement of any socially and educationally backward class in...

Govt. Can Extend IGST Exemption to Enable Individuals to Obtain Imported Oxygen Concentrators By Way Of A Gift: Observes Delhi High Court

"We are of the view that since the respondent has gone this far, it could move further, and extend the exemption, to even individuals, to enable them to obtain imported oxygen concentrators by way of a gift, albeit, without having to pay IGST. Both the learned ASG and Mr. Zoheb Hossain have stated before us that they will revert with instructions. Accordingly, list the matter on 6th May 2021."

Simply Because Police Officer Is In Uniform When He Is Assaulted, Offence Of Assaulting Public Servant Will Not Attract: Kerala High Court

In a bail order on Tuesday, the Kerala High Court raised the question as to whether charges of assaulting a public servant in lawful discharge of his duty (Section 353 IPC) would lie when the officer assaulted was attending an inquiry. Justice PV Kunhikrishnan, allowing the bail petition, observed that simply because a police officer was in uniform, the offence could...

PIL To Prioritize COVID-19 Vaccination For Disabled: Delhi High Court Seeks Centre & State Govt's Response

Dealing with a PIL petition seeking priority vaccination for persons with disabilities (PWD), the Delhi High Court on Wednesday issued notice to the Union Ministry of Health and the Delhi government. The Bench of Chief Justice D. N. Patel and Justice Jasmeet Singh issued notices on a plea filed by two disabled persons through advocates Siddharth Seem and Joicy. One of the...

'Might Have To Cut Down Water Supply To Hospitals Due To Shortage': Delhi Jal Board Seeks Urgent Hearing Before Supreme Court

Delhi Jal Board on Wednesday informed the Supreme Court that it might have to reduce the water being supplied to Delhi hospitals in wake of the acute shortage it's facing and lack of supply from States of Punjab and Haryana. A three Judge Bench of CJI Ramana, Justice Surya Kant and Justice Bopanna heard the request of urgent hearing made by Senior Advocate Vikas Singh. The...

Karnataka High Court Directs Centre To Increase Daily Oxygen Quota For Karnataka As 1200 MT With Immediate Effect

The Karnataka High Court on Wednesday directed the Government of India to immediately increase the cap on allocation of liquid medical oxygen to the state of Karnataka to 1200 MT per day, from the sanctioned allocation of 965 MT. Taking note of the grave situation created by the COVID pandemic in the state, a division bench of Chief Justice Abhay Oka and Justice Aravind Kumar directed...

BREAKING - States Have No Power To 'Identify' Socially & Educationally Backward Classes After 102nd Constitution Amendment : Supreme Court Holds By 3:2 Majority

In a significant judgment, the Supreme Court has held by 3:2 majority that the 102nd Constitution Amendment has abrogated the power of states to identify "Socially and Educationally Backward Classes(SEBCs)".The majority judgment held that after the introduction of Articles 338B and 342A to the Constitution "the final say in regard to inclusion or exclusion (or modification...

Chhattisgarh High Court Advances Summer Vacation, To Remain Closed From May 10 To June 5

The Chhattisgarh High Court on Wednesday (May 5) issued a notification preponing the summer vacation of the High Court and the Subordinate Courts by advancing the same from May 17, 2021 to June 11, 2021 by one week i.e. from May 10 To June 5 in view of the COVID-19 pandemic.In related news, the Gujarat High Court shall remain closed for Summer Vacation from May 10, 2021 till June 6, 2021...