Supreme Court Quarterly Civil Digest [July To September]

Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw (SC)...

Accused Has Right To Receive Materials In Possession Of Prosecution Even If Draft Criminal Rules Have Not Been Adopted : Supreme Court; Justice Trivedi Dissents

The Supreme Court (2:1) held that an accused has the right to receive the list of the statements, documents, material, etc. in the possession of the prosecution even if Draft Rules of Criminal Practice are not yet adopted.The CJI Uday Umesh Lalit and Justice S. Ravindra Bhat disagreed with the Justice Bela M. Trivedi who, while dismissing a criminal appeal, observed that this right is...

Bonafides of PIL Petitioner Extremely Relevant Consideration ; Must Be Examined At Threshold Itself: Supreme Court

The Supreme Court observed that the bona fide of the petitioner who files the Public Interest Litigation (PIL) is an extremely relevant consideration and must be examined at the very threshold itself.This has to be done irrespective of the seemingly high public cause being espoused by the petitioner in a PIL, the bench of CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and Sudhanshu...

Judicial Service Exams: Question And Answers(MCQs) Based On Latest Legal Developments(2)

1. Which of the following Amendment of the Constitution deals with reservation for Economically Weaker Sections (EWS) in education and public employment? (a) 101 (b) 102 (c) 103 (d) 104 Ans.: (c) [103rd Constitutional Amendment provides 10% reservation for Economically Weaker Sections (EWS) in education and public employment] 2....

SC/ST/OBC Exclusion From EWS Quota Logical, Necessary To Avoid Double Benefits: Supreme Court

The Supreme Court by 3:2 majority upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment. Justices Dinesh Maheshwari, Bela Trivedi and JB Pardiwala upheld the 103rd Constitution Amendment, Justice S Ravindra Bhat wrote a dissenting judgment, which was concurred with by the Chief...

Reservation An Exception To General Rule Of Equality; Enabling Provisions Do Not Form Basic Feature Of Constitution: Supreme Court

The Supreme Court observed that the reservation is an exception to the general rule of equality and thus cannot be regarded as basic feature of the Constitution.One of the main defence raised by the Centre was that the 103rd Constitutional amendment is enabling, and confer power upon the state, to make special provisions and reservations, based on the economic criterion – thus, cannot...

Short Tenure With Impactful Reforms : CJI UU Lalit Leaves A Positive Legacy

When Justice Uday Umesh Lalit assumed office as the 49th Chief Justice of India on August 27, many would have thought that his would be a sedate term. After all, how much can happen in a brief term of 74 days? But proving all such speculations wrong, CJI Lalit's term was marked with momentous and unexpected events which unfolded at a quick pace. For example, did anyone in their wildest speculation think that the challenge against the demonetisation decision of 2016 will get heard during this...

[EWS Quota] Why Supreme Court's Minority Judgment Did Not Read Down 103rd Constitutional Amendment ?

The Constitution Bench of the Supreme Court by 3:2 majority upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment.Justice S Ravindra Bhat, with whom Chief Justice of India Uday Umesh Lalit joined, authored a dissenting opinion to strike it down. According to the minority view,...

"Basic Structure Not Violated" : Supreme Court Upholds Application Of EWS Quota To Private Unaided Educational Institutions

The Supreme Court held that 103rd Constitution Amendment cannot be said to breach the basic structure of the Constitution by permitting the State to make special provisions in relation to admission to private unaided educational institutions.Constitution (103rd Amendment) Act, 2019The amendment inserted Clause (6) to Article 15 which reads as follows:(6) Nothing in this article or sub-clause...

Breaking: Centre Constitutes Law Commission Of India After 4 Years, Appoints Justice RR Awasthi As Chairperson

Justice Awasthi presided over the Full Bench of the High Court which upheld the ban on wearing hijab by Muslim girls in Government colleges in Karnataka.

Courts Today- A Daily Round Up Of Important Legal Developments- 7.11.22

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Reservation Solely Based On Economic Criteria Does Not Violate Basic Structure Of Constitution : Supreme Court In EWS Quota Case

The Supreme Court by 3:2 majority upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment. Justices Dinesh Maheshwari, Bela Trivedi and JB Pardiwala upheld the 103rd Constitution Amendment, Justice S Ravindra Bhat wrote a dissenting judgment, which was concurred with by the...