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Court cases related to reservation in India

The Indian judiciary has made judgments related to reservations, a system of affirmative action that provides for disadvantaged groups. These groups are primarily Scheduled Castes and Scheduled Tribes (SCs and STs), and from 1987 extended to Other Backward Classes (OBCs). Some of the court judgements have been modified by the Indian parliament.

Many of these cases are challenges under constitutional law and have led to constitutional amendments and challenges to the legality of such amendments. The frequency of decisions being overturned or invalidated reflect the ongoing efforts by lawmakers and the judiciary to strive towards equality.

Some major judgments are listed below. Supreme Court cases are noted by the case citation "SC" or "SCC". All entries must be cited to reliable sources.

Footnotes

Notes

  1. ^ Overruled in Jagdish Lal and Others v. State of Haryana and Others (1997) 6 SCC 538, which was in turn overruled by Ajitsingh Januja & Others v. State of Punjab & Others AIR 1999 SC 3471.

References

  1. ^ "State of Madras Vs Smt.Champakam Dorairajan". Legal Service India. Archived from the original on 29 October 2009. Retrieved 3 May 2010.
  2. ^ Basavaraju, C. (2009). "Reservation Under the Constitution of India: Issues and Perspectives". Journal of the Indian Law Institute. 51 (2): 269. JSTOR 43953443.
  3. ^ Rao, P. P.; Padmanabhan, Ananth (2013). "Legislative Circumvention of Judicial Restrictions on Reservations: Political Implications". National Law School of India Review: 54–55. JSTOR 44283609.
  4. ^ Rao, P. P.; Padmanabhan, Ananth (2013). "Legislative Circumvention of Judicial Restrictions on Reservations: Political Implications". National Law School of India Review: 56–. JSTOR 44283609.
  5. ^ Basavaraju, C. (2009). "Reservation Under the Constitution of India: Issues and Perspectives". Journal of the Indian Law Institute. 51 (2): 270. JSTOR 43953443.
  6. ^ "Syndicate Bank Scheduled Castes ... Vs Union of India, Through Its ... On 10 August, 1990". Archived from the original on 2019-06-21. Retrieved 2020-03-29.
  7. ^ a b "Court, quota and cream". The Indian Express. 20 October 2006. Archived from the original on 13 May 2008. Retrieved 17 November 2011.
  8. ^ "Indra Sawhney Etc. vs Union Of India And Others, Etc. on 16 November, 1992". IndianKanoon.org. Archived from the original on 17 September 2012. Retrieved 22 August 2012. (4) Reservation being an extreme form of protective measure or affirmative action it should be confined to a minority of seats. Even though the Constitution does not lay down any specific bar but the constitutional philosophy being against proportional equality the principle of balancing equality ordains reservation, of any manner, not to exceed 50%." , "Reservation in promotion is constitutionally impermissible as once the advantaged and disadvantaged are made equal and are brought in one class or group then any further benefit extended for promotion on the inequality existing prior to being brought in the group would be treating equals unequally. It would not be eradicating the effects of past discrimination but perpetuating it.
  9. ^ a b Nair, Shalini (18 April 2017). "BJP's OBC pitch: How stronger new backward classes panel will function". The Indian Express. Archived from the original on 15 April 2019. Retrieved 28 March 2020.
  10. ^ Basavaraju, C. (2009). "Reservation Under the Constitution of India: Issues and Perspectives". Journal of the Indian Law Institute. 51 (2): 271. JSTOR 43953443.
  11. ^ Rao, P. P.; Padmanabhan, Ananth (2013). "Legislative Circumvention of Judicial Restrictions on Reservations: Political Implications". National Law School of India Review: 62. JSTOR 44283609.
  12. ^ Basavaraju, C. (2009). "Reservation Under the Constitution of India: Issues and Perspectives". Journal of the Indian Law Institute. 51 (2): 271. JSTOR 43953443.
  13. ^ Basavaraju, C. (2009). "Reservation Under the Constitution of India: Issues and Perspectives". Journal of the Indian Law Institute. 51 (2): 271–272. JSTOR 43953443.
  14. ^ Basavaraju, C. (2009). "Reservation Under the Constitution of India: Issues and Perspectives". Journal of the Indian Law Institute. 51 (2): 272. JSTOR 43953443.
  15. ^ Rao, P. P.; Padmanabhan, Ananth (2013). "Legislative Circumvention of Judicial Restrictions on Reservations: Political Implications". National Law School of India Review: 59. JSTOR 44283609.
  16. ^ Supreme Court Judgement Archived 2011-07-15 at the Wayback Machine Ashoka Kumar Thakur vs. Union of India
  17. ^ Supreme Court Judgement
  18. ^ "Supreme Court upholds EWS quota in 3-2 split verdict, CJI in minority". The Times of India.
  19. ^ Rajagopal, Krishnadas (7 November 2022). "Reservation policy cannot stay for indefinite period, says Supreme Court". The Hindu.

Further reading