journal
Channel
“Group-based sub-classification does not really ensure more substantive equality”: Dr. Surendranath on the sub-classification judgement
In an interview with the Supreme Court Observer, Dr Anup Surendranath discusses the impact of the sub-classification judgement
3rd Sep 2024
MoreAnalysis
An opportunity for the Court to reconsider the 50 percent reservation ceiling of ‘Indra Sawhney’
The Bihar government has appealed the High Court’s decision striking down amendments providing 65 percent reservation for backward classes
31st Aug 2024
MoreAnalysis
Reservations and sub-classification of SC/STs: A mixed bag for substantive equality
The Court settles doubts around ‘efficiency’ as a limitation to reservations, but its approach to methodology & creamy layer raise questions
22nd Aug 2024
MoreAnalysis
Five must-reads on the sub-classification decision
SCO curates a list of articles to convey the range of predictions, reactions and concerns around how the decision will play out in practice
9th Aug 2024
MoreAnalysis
Carving out a new quota
While upholding sub-classification for the SC/ST categories, the Court noted that there are varying degrees of backwardness within the group
5th Aug 2024
MoreAnalysis
What is the Bihar government’s 65 percent reservation quota challenge in the Supreme Court?
The Bihar government has appealed against a Patna HC decision which declared its 65 percent reservation in the state as unconstitutional
29th Jul 2024
MoreChannel
Sub-classification within reserved categories | Arguments summary
A seven-judge Constitution Bench reserved judgement on the validity of sub-classifications within reserved categories
29th Feb 2024
MoreAnalysis
‘The battle of backwardness within backwardness’
The top court's reconsideration of a 20-year-old judgement could be pivotal in clarifying that caste can also be a class category
12th Feb 2024
MoreAnalysis
Equality among equals: five must-reads on the necessity of affirmative action
In the wake of the passing of the Women’s Reservation Bill, we curate some thought-provoking reads on the true intent of affirmative action
25th Oct 2023
MoreAnalysis
The Women’s Reservation Bill has a long history of arguments and stakes
DESK BRIEF: After two years of silence from the government in a PIL, Parliament abruptly passed the bill in a special session
25th Sep 2023
MoreAnalysis
2022 Supreme Court Review: Reservations
Judgments on various reservation policies this year provided little clarity on what this affirmative action measure is meant to accomplish.
28th Dec 2022
MoreChannel
SC Daily Update: Challenge to Reservations for Economically Weaker Citizens
Hearings in the challenge to reservation for economically backward citizens began. Key questions on the purpose of reservations were raised.
13th Sep 2022
Morecases
In re: Article 334 of the Constitution of India
A 5-Judge Constitution Bench will decide if the Union Government can keep extending reservation in Lok Sabha and State Legislature, despite Constitutional provision capping it at 10 years from 1950 under Article 334.
MoreNext Hearing: November 21, 2023
Last Updated:
Bench:D.Y. Chandrachud CJI, A.S. Bopanna J, M.M. Sundresh J, J.B. Pardiwala J, Manoj Misra J
State of Andhra Pradesh v B. Archana Reddy
The SC will decide the validity of the Andhra Pradesh government’s 2005 decision to grant 5% reservations in educational institutions and public services to the entire Muslim Community
MoreNext Hearing:
Last Updated:
Bench:U.U. Lalit CJI, S.R. Bhat J, Dinesh Maheshwari J, B.M. Trivedi J, J.B. Pardiwala J
Pattali Makkal Katchi v Mayileruperumal
The Supreme Court held that Tamil Nadu's reservation for Vanniyars in education and employment within the Most Backward Classes category was unconstitutional. The Court observed that the reservation was not supported by empirical data on backwardness.
MoreLast Updated: 20211217
Bench:L.N. Rao J, B.R. Gavai J, B.V. Nagarathna J
Reservation in Promotion
Pending
Jarnail Singh v Lacchmi Narain Gupta
The Court looked into whether reservations for SCs and STs should extend to promotions, by assessing its 2006 Nagaraj judgment. It will now give clarifications on its 2018 judgment. The clarifications will determine how inadequate representation can be quantified through data.
MoreNext Hearing: August 17, 2022
Last Updated: 20211026
Bench:L.N. Rao J, Sanjiv Khanna CJI, B.R. Gavai J
Neil Aurelio Nunes v Union of India
Having decided that seats in the All India Quota can be reserved for OBC candidates in January 2021, the SC will decide whether the Union government’s ₹8 lakh annual income criteria for determining EWS status in the forward castes is constitutional.
MoreNext Hearing: September 7, 2022
Last Updated: 20211028
Bench:D.Y. Chandrachud CJI, Surya Kant J
Swati Bidhan Baruah v Union of India
The Supreme Court is deciding whether the Transgender Persons (Protection of Rights) Act, 2019 violates fundamental rights guaranteed under Articles 14, 15, 16, 19 and 21 of the Constitution.
MoreNext Hearing:
Last Updated: 20200127
EWS Reservation
Decided
Janhit Abhiyan v Union of India
In a 3-2 majority, the Supreme Court upheld the 103rd Constitutional Amendment providing EWS reservation. With this, the Court extended the net of reservation benefits to include solely economic backwardness.
MoreLast Updated: 20200806
Bench:U.U. Lalit CJI, Dinesh Maheshwari J, S.R. Bhat J, B.M. Trivedi J, J.B. Pardiwala J
State of Punjab v Davinder Singh
The Supreme Court held that sub-classification of the SC and ST categories is permissible and states have the power to create these sub-classifications
MoreLast Updated: 20200827
Bench:D.Y. Chandrachud CJI, B.R. Gavai J, Vikram Nath J, B.M. Trivedi J, Pankaj Mithal J, Manoj Misra J, S.C. Sharma J
Maratha Reservation
Decided
Jaishri Laxmanrao Patil v Chief Minister, Maharashtra
The Supreme Court struck down Maharashtra’s Socially and Educationally Backward Classes Act, 2018, which grants reservations to the Maratha community for violating the 50% limit on reservations and the 102nd Amendment of the Constitution.
MoreLast Updated: 20210628
Bench:Abdul Nazeer J, L.N. Rao J, Hemant Gupta J, Ashok Bhushan J, S.R. Bhat J