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Sub-classification within reserved categories | Arguments summary

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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

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sub-classification

Analysis

‘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

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Analysis

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

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Analysis

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

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25th Sep 2023

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Reservation policies in India

Analysis

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

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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.

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13th Sep 2022

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Analysis

2022 Half-Year Review: Key Supreme Court Judgments

The Supreme Court delivered key Judgments on Reservations, Sedition, OROP and the constitutionality of the FCRA Amendment.

4th Jun 2022

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Analysis

SC Subverts Maharashtra’s Latest Attempt to Postpone Local Elections

With elections pending in nearly 2,500 local bodies, SC raps Maharashtra for abdicating its constitutional duty again.

4th May 2022

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Analysis

SCO Shorts: Tamil Nadu Vanniyar Reservations Judgment

Internal reservations for Vanniyars will be discontinued until the Tamil Nadu government finds reliable data to justify them. 

1st Apr 2022

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Analysis

Creamy Layer: Court in Review

SC/ST/OBC individuals belonging to the 'creamy layer' are not eligible for certain types of reservations.

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SCO Explains: Reservations in PG NEET Admissions (3/4)

We discuss the normative gaps in the Court's reservations jurisprudence in the context of PG NEET admissions with Dr. Anup

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SCO Explains: SC Order on OBC, EWS Reservations for PG NEET (2/4)

In this episode we explain the Court's Judgment and Order in the PG NEET Reservations case, and take you through main arguments.

cases

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.

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Next 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

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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

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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.

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Last Updated: 20211217

Bench:L.N. Rao J, B.R. Gavai J, B.V. Nagarathna J

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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.

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Next Hearing: August 17, 2022

Last Updated: 20211026

Bench:L.N. Rao J, Sanjiv Khanna J, B.R. Gavai J

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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.

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Next Hearing: September 7, 2022

Last Updated: 20211028

Bench:D.Y. Chandrachud CJI, Surya Kant J

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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.

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Next Hearing:

Last Updated: 20200127

Bench:S.A. Bobde CJI, A.S. Bopanna J, Hrishikesh Roy J

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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.

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State of Punjab v Davinder Singh

The Supreme Court will decide if sub-classification of the SCs and STs is constitutionally permissible and if states have the power to create these sub-classifications

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Next Hearing: February 6, 2024

Last 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

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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.

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