Major Supreme Court Judgments On Reservation In Promotions

The Supreme Court's recent decision that there is no fundamental right to claim reservation in promotions has become a subject matter of intense debate. The decision was discussed in the Parliament, and the Centre has told the House that the matter was under the study and consideration of the Government at "high level".In this backdrop, this article traces the legal evolution of the concept...

Section 438 (Anticipatory Bail) Has No Application To Cases Under SC/ST Act Except When There Is No Prima Facie Case Is Made Out: SC [Read Judgment]

The Supreme Court has observed that provisions of section 438 of the Code of Criminal Procedure (Anticipatory Bail) shall not apply to the cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, except when the complaint does not make out a prima facie case for applicability of the provisions of the Act.In cases where prima facie case is not made out, the bar...

Community Kitchens: SC Imposes Costs Of Rs 5 Lacs On Several States For Failure To File Reply [Read Order]

The Supreme Court has imposed costs of Rs. 5 lacs on several states for failing to file affidavits on a PIL seeking establishment of state-funded or Public Private Partnership kitchens across the country. The bench headed by Justice N V Ramana said those states that file the affidavit by tomorrow will have to pay Rs 1 lakh fine, whereas those who fail to submit it by then will have to...

Former J&K CM Omar Abdullah's Sister Moves SC Challenging His Detention Under Public Safety Act [Read Petition]

The petition contends : 1) No new material to justify detention since he has been under detention since Aug 5. 2) The detention based solely on political reasons to muzzle political opposition. 3) The detention order passed mechanically, without providing reasons or materials.

[Breaking] SC Upholds Validity Of SC/ST Amendment Act 2018 [Read Judgment]

In a notable judgment, the Supreme Court has upheld the constitutional validity of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018, which was enacted to nullify the effects of the March 20, 2018 judgment of the SC which had diluted the provisions of the Act.A bench comprising Justices Arun Mishra, Vineet Saran and Ravindra Bhat had reserved judgment on...

[Breaking] Sabarimala Reference : SC Holds That Questions Of Law Can Be Referred To Larger Bench In Review [Read Order]

The 9-judge bench of the Supreme Court has held that a bench can refer questions of law to larger bench even in review jurisdiction.The bench led by CJI SA Bobde has framed seven issues for the consideration in the case.The bench has not given reasons for it conclusion. The order states "For reasons to follow, we hold that this Court can refer questions of law to a larger bench in a...

The Supreme Court's (New) Reservations Judgment And Its Discontents

This Friday, a two-judge bench of the Supreme Court handed down a judgment holding that Article 16(4) of the Constitution is only an enabling provision, and does not confer a "right" to reservations. The context of the case was as follows: in 2012, the government of Uttarakhand decided to fill up the posts in the state's public services without providing reservations to Scheduled Castes (SCs) and Scheduled Tribes (STs) (paragraph 5). This was challenged, and after a round of litigation before...

[Reservation]Can Preferential Treatment Be Given To Specific Castes/Tribes Within SC-STs? Constitution Bench To Hear On Feb 11[Read Order]

The Constitution Bench of Supreme Court is currently hearing the issue whether any preferential treatment can be given to a specific caste/castes within the Scheduled Castes?The five judge bench headed by Justice Arun Mishra, on Tuesday, partly heard the reference which raised the following issues:Whether the provisions contained under Section 4(5) of The Punjab Scheduled Castes and...

Justice Gita Mittal Is An Example Of Failure Of Collegium System : Justice AK Sikri On Her Non-Elevation To SC [Video]

Former Supreme Court Judge Justice AK Sikri on Friday said 'Justice Gita Mittal is an example of failure of Collegium system'.Justice Sikri was speaking at the Inaugural function of the Cornell India Law Centre.Justice Gita Mittal is the present chief Justice of Jammu and Kashmir High Court.Senior Advocate Abhishek Manu Singhvi delivered the public lecture on the topic "Transforming...

'Denial Of Command Appointments To Women In Army A Retrogade Step Affecting Their Dignity & Bravery', Lady Officers In SC [Read Written Submissions]

'There has never been any occasion of men having not accepted the command of women on account of their perceived 'rural background, with prevailing societal norms'

'We Have Not Issued Any Direction To Suspend The Account': IT Ministry Tells HC In Sanjay Hegde Vs Twitter Matter [Read Counter And Rejoinder]

The Ministry of Electronics & Information Technology has filed its reply in Senior Advocate Sanjay Hegde's plea challenging suspension of his personal Twitter account in the ongoing tryst of protection of fundamental rights vis-à-vis Freedom of Speech & Expression as enshrined in the Constitution of India. The Ministry has averred that the suspension of Hegde's twitter account...

15 Nine-Judge Bench Decisions In Supreme Court's History

A nine-judge bench of the Supreme Court is at present considering the issues of religious freedom and fundamental rights mentioned in the Sabarimala review order.In this backdrop, it is pertinent to note that there have been 15 nine-judge bench decisions in the history of Supreme Court. Here is a list of 15 landmark decisions by nine-judge benches in the history of the Supreme Court...