SC Refers Maratha Quota Case To Larger Bench As It Involves Interpretation Of Constitution (102nd Amendment) Act, 2018 [Read Order]
4 years, 6 months ago

SC Refers Maratha Quota Case To Larger Bench As It Involves Interpretation Of Constitution (102nd Amendment) Act, 2018 [Read Order]

Live Law  

A three judge Bench of the Supreme Court has stayed the operation of the law enacted by the State of Maharashtra introducing Maratha Quota for admission in Educational Institutions and for appointments in the Public Services and posts, and has referred the issue to a Constitution Bench of 5 Judges as it involves interpretation of of the Constitution Act, 2018.Maratha Quota. A three judge Bench of the Supreme Court has stayed the operation of the law enacted by the State of Maharashtra introducing Maratha Quota for admission in Educational Institutions and for appointments in the Public Services and posts, and has referred the issue to a Constitution Bench of 5 Judges as it involves interpretation of of the Constitution Act, 2018. Referred as the question involved require interpretation of the Constitution Act, 2018 According to the applicants, Articles 338-B and 342-A inserted by the Constitution Act, 2018 fall for consideration of the Court for the first time and that there is a need for reconsideration of the judgment of this Court in Indra Sawhney v. Union of India, especially after the Constitution Amendment, 2019 introduced certain changes to the Constitution of India. While referring the matters to larger bench, the Court observed: As the interpretation of the provisions inserted by the Constitution Act, 2018 is a substantial question of law as to the interpretation of the Constitution of India, these Appeals are referred to a larger Bench.

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History of this topic

"No five-judge bench of SC can represent 140 crore Indians": BJD MP Sasmit Patra
1 year, 2 months ago

"No five-judge bench of SC can represent 140 crore Indians": BJD MP Sasmit Patra

Op India  

On Thursday, Biju Janata Dal MP Sasmit Patra made a strong case for Parliament’s independence in drafting legislation, saying that the Supreme Court cannot dictate the legislative powers of Parliament. The BJD MP said that no five-judge bench of the Supreme Court can represent 140 crore Indians. In his speech during the discussion on the Bharatiya Nyaya Sanhita 2023; Bharatiya …

Supreme Court hearing on Article 370 abrogation | Day 4
1 year, 7 months ago

Supreme Court hearing on Article 370 abrogation | Day 4

The Hindu  

Senior advocate Gopal Subramanium on August 9 apprised a Constitution Bench headed by Chief Justice of India D.Y. Chandrachud that the Jammu and Kashmir Constituent Assembly did not intend for Article 370 to be abrogated and that it had envisioned for the Constitution of India to apply to J&K with modifications and exceptions. During the hearing, CJI Chandrachud also enquired …

Supreme Court Constitution Bench Judgments Of 2022
2 years, 2 months ago

Supreme Court Constitution Bench Judgments Of 2022

Live Law  

There were four judgments/orders of the Constitution Bench in the year 2022. Supreme Court upholds 10% reservations for Economically Weaker Sections The bench comprising Chief Justice of India Justice UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections in …

Delhi Govt vs Centre Services Dispute : Supreme Court Defers Hearing To 8th December, 2022
2 years, 4 months ago

Delhi Govt vs Centre Services Dispute : Supreme Court Defers Hearing To 8th December, 2022

Live Law  

The Supreme Court, on Thursday agreed to defer the hearing of the dispute between the Delhi Government and the Union Government regarding control of administrative services in the National Capital Territory of Delhi to 8th December, 2022, at the request of the Solicitor General of India, Mr. Tushar Mehta. Mr. Mehta had sought for the deferment on the ground that …

Delhi Govt vs Centre : Supreme Court Constitution Bench Defers Hearing To 24th Nov, 2022
2 years, 5 months ago

Delhi Govt vs Centre : Supreme Court Constitution Bench Defers Hearing To 24th Nov, 2022

Live Law  

At the request of the Solicitor General of India, Mr. Tushar Mehta, the Supreme Court, on Wednesday deferred the hearing of the dispute between the Delhi Government and the Union Government regarding control of administrative services in the National Capital Territory of Delhi. Chandrachud and Hima Kolhi, Mr. Mehta submitted that the Constitution Bench headed by Justice Chandrachud was to …

Delhi Govt vs Centre : Supreme Court Constitution Bench To Start Hearing From 9th Nov, 2022
2 years, 5 months ago

Delhi Govt vs Centre : Supreme Court Constitution Bench To Start Hearing From 9th Nov, 2022

Live Law  

A Constitution Bench of the Supreme Court, to commence with the hearing of the dispute between the Delhi Government and the Union Government regarding the control of administrative services in the National Capital Territory of Delhi on 9th November, 2022. On Tuesday Senior Advocate, Dr. Abhishek Manu Singhvi appearing for the Delhi Government apprised the Bench that though the arguments …

Delhi Govt vs LG : Supreme Court Constitution Bench To Tentatively Start Hearing On October 11
2 years, 6 months ago

Delhi Govt vs LG : Supreme Court Constitution Bench To Tentatively Start Hearing On October 11

Live Law  

A Constitution Bench of the Supreme Court, on Wednesday, fixed October 11, 2022 as the tentative date for starting the hearing in dispute between the Delhi Government and the Union Government regarding the control of administrative services in the national capital. In the legal dispute between the Delhi Government and the Central Government, a 3-Judge Bench led by the CJI, …

SC's Constitution bench to hear Delhi vs Centre dispute on control of services on September 7
2 years, 6 months ago

SC's Constitution bench to hear Delhi vs Centre dispute on control of services on September 7

India Today  

A Constitution bench of the Supreme Court will on September 7 hear the dispute between the Delhi and the Central government in relation to control over administrative services in the national capital. In May this year, a three-judge bench headed by former Chief Justice of India NV Ramana had referred limited questions in the case to a constitution bench. The …

Supreme Court Lists 25 Constitution Bench Matters From August 29, After Justice Lalit Takes Over As CJI
2 years, 6 months ago

Supreme Court Lists 25 Constitution Bench Matters From August 29, After Justice Lalit Takes Over As CJI

Live Law  

From August 29 onwards, 25 five-judge matters will be listed before concerned benches.The matters are not listed for substantive hearing but for directions related to the completion of filings, indication of tentative time to be taken by lawyers for arguments etc.The cases include the challenge to the Constitution, 25 five-judge matters will be listed before concerned benches. The matters are …

105th Constitutional Amendment Act Is Prospective In Nature : Supreme Court In Vanniyar Quota Case
2 years, 11 months ago

105th Constitutional Amendment Act Is Prospective In Nature : Supreme Court In Vanniyar Quota Case

Live Law  

In its judgment holding that the Tamil Nadu law providing internal reservation of 10.5 % to the Vanniyar Community under the category Most Backward Classes is unconstitutional, the Supreme Court held that the Constitution 105th Amendment Act is prospective in nature.The bench comprising Justices L Nageswara Rao and B R Gavai rejected the contention that the Constitution 105th Amendment Act. …

State's Power To Identify SEBCs : Does 105th Constitutional Amendment Fully Nullify Supreme Court's Interpretation In Maratha Quota Case?
3 years, 4 months ago

State's Power To Identify SEBCs : Does 105th Constitutional Amendment Fully Nullify Supreme Court's Interpretation In Maratha Quota Case?

Live Law  

Does 105th Constitutional Amendment fully nullify the effect of Supreme Court's interpretation of 102nd Amendment which had taken away the power of State legislatures to identify Socially and Economically Backward Classes? The Supreme Court in Dr.Jaishri Laxmanrao Patil v. Chief Minister held by 3:2 majority that the 102nd Constitution Amendment has abrogated the power of states to identify "Socially and …

BREAKING : Parliament Passes Constitution 127th Amendment Bill To Restore States' Power To Specify SEBCs
3 years, 7 months ago

BREAKING : Parliament Passes Constitution 127th Amendment Bill To Restore States' Power To Specify SEBCs

Live Law  

The Rajya Sabha on Wednesday passed the Constitution Bill 2021 to restore the power of State Governments to identify and specify Socially and Economically Backward Classes, which was lost after the Supreme Court's 3:2 judgment in the Maratha quota case. The bill proposes to amend Article 342A to state that the power of the President is to specify the socially …

Breaking: Lok Sabha Passes Constitutional Amendment Bill To Restore States' Power To Identify SEBCs
3 years, 7 months ago

Breaking: Lok Sabha Passes Constitutional Amendment Bill To Restore States' Power To Identify SEBCs

Live Law  

Lok Sabha passed the Constitution Bill 2021 to restore the power of State Governments to identify and specify Socially and Economically Backward Classes, which was lost after the Supreme Court's 3:2 judgment in the Maratha quota case.In the said case, a Constitution Bench of the Supreme Court had held by 3:2 majority that States lacked the. Lok Sabha passed the …

Maratha Quota & Co-operative Societies Cases : Divergent Views Of Supreme Court On Need For Ratification Of 97th & 102nd Constitutional Amendments
3 years, 7 months ago

Maratha Quota & Co-operative Societies Cases : Divergent Views Of Supreme Court On Need For Ratification Of 97th & 102nd Constitutional Amendments

Live Law  

This year witnessed two Supreme Court judgments which dealt with the challenge against two Constitutional amendments, viz 97th and 102nd.In Maratha Quota case, the constitutional validity of Constitution Act, 2018 was challenged. The petitioner in Maratha Quota case argued that the 102nd Constitution Amendment impacted the power of the States to identify SEBCs and hence it required ratification under Article …

'Fundamental Rights Vs. Legislative Privileges' ; Reference Pending Before 7 Judge Bench Since 2005 Should Be Given Some Priority, Says Supreme Court
3 years, 8 months ago

'Fundamental Rights Vs. Legislative Privileges' ; Reference Pending Before 7 Judge Bench Since 2005 Should Be Given Some Priority, Says Supreme Court

Live Law  

The Supreme Court, in its judgment delivered on Thursday, observed that the reference which raises the issue of interplay of fundamental rights and parliamentary privileges, pending before 7-judge bench since 2005 needs to be given some priority.The larger issue of privileges vis-a-vis the right of free speech, silence, and privacy in the context of Part III of. The Supreme Court, …

Parliamentary Speeches And Interpretation Of The Constitution: The Maratha Reservations Judgment
3 years, 8 months ago

Parliamentary Speeches And Interpretation Of The Constitution: The Maratha Reservations Judgment

Live Law  

A Constitution Bench of the Supreme Court recently interpreted the Constitutional amendments introduced by the Constitution Act in the Maratha reservations case. The majority as well as the dissenting judgments referred to Parliamentary debates and ministerial statements made on the floor of Parliament during the passage of the Constitutional Amendment Bill. In contrast to parliamentary debates, amendments to a Constitutional …

Parliamentary Committee, Minister & AG Said 102nd Constitutional Amendment Won't Affect States' Power To Identify SEBCs; Supreme Court Holds Otherwise
3 years, 10 months ago

Parliamentary Committee, Minister & AG Said 102nd Constitutional Amendment Won't Affect States' Power To Identify SEBCs; Supreme Court Holds Otherwise

Live Law  

An interesting aspect of the Supreme Court judgment in Maratha Quota case is its interpretation of 102nd Constitutional Amendment.The petitioners challenged the Amendment on the ground that it violated the federal structure by denuding the power of states to identify Socially and Economically Backward Classes. The Centre, through Attorney General, defended the Amendment contending that the intention of Constitutional Amendment …

Against excess: The Hindu Editorial on Supreme Court ruling Maratha quota law unconstitutional
3 years, 10 months ago

Against excess: The Hindu Editorial on Supreme Court ruling Maratha quota law unconstitutional

The Hindu  

In striking down the separate reservation given to Maharashtra’s Maratha community, the Supreme Court has underscored the importance of adhering to the 50% limit on total reservation, as well as the need to justify any excess by showing the existence of exceptional circumstances. The Bombay High Court had upheld the validity of the Maratha reservation in principle, but ruled that …

Maratha Quota Case : Supreme Court Constitution Bench Reserves Judgment After 10 Days Of Hearing
3 years, 11 months ago

Maratha Quota Case : Supreme Court Constitution Bench Reserves Judgment After 10 Days Of Hearing

Live Law  

After a marathon hearing over a period of 10 days, the Constitution Bench of the Supreme Court on Friday reserved the judgement in a batch of pleas challenging the Maharashtra SEBC Act, 2018, which provides for reservation for Marathas in jobs and education. In today's hearing, Senior Advocate Siddharth Bhatnagar commenced his submissions by informing the Court that the views …

Supreme Court Issues Notice On Plea Challenging 102nd Constitutional Amendment
4 years ago

Supreme Court Issues Notice On Plea Challenging 102nd Constitutional Amendment

Live Law  

The Constitution Bench of the Supreme Court hearing the challenge against Maratha Quota has issued notice in a writ petition challenging 102nd Constitutional Amendment.This writ petition, filed by Shiv Sangram, a political party based in Maharashtra and its leader Vinayakrao T. Mete, is tagged along with Maratha Quota cases.Let formal notice be also issued to the learned Attorney General in. …

Maratha quota: SC seeks response from all states on 50% reservation cap, next hearing on 15 March
4 years ago

Maratha quota: SC seeks response from all states on 50% reservation cap, next hearing on 15 March

Firstpost  

The top court will examine the question of interpretation of the 102nd amendment to the Constitution dealing with reservation to a particular community, named in the list prepared by the president New Delhi: The Supreme Court sought responses from states on Monday on a question of “seminal importance” whether legislatures were competent to declare a particular caste to be socially …

Maratha Quota: Constitution Bench of Supreme Court To Begin Final Hearing From 8th March
4 years, 1 month ago

Maratha Quota: Constitution Bench of Supreme Court To Begin Final Hearing From 8th March

Live Law  

A Constitution Bench of the Supreme Court on Friday fixed the dates for hearing of the challenge against the constitutionality of the Maharasthra Socially and Educationally Backward Classes Act, 2018, which provided for a quota to Marathas in jobs and education. COURTROOM EXCHANGE In today's hearing, Senior Advocate Mukul Rohatgi reiterated to the Court his request to hear the matter …

Maratha Quota : Supreme Court Constitution Bench To Start Final Hearing From Jan 25; Stay Order Continues
4 years, 3 months ago

Maratha Quota : Supreme Court Constitution Bench To Start Final Hearing From Jan 25; Stay Order Continues

Live Law  

A Constitution Bench of the Supreme Court on Wednesday decided to hear from January 25 the challenge against the the constitutionality of the Maharashtra Socially and Educationally Backward Classes Act, 2018, which provided for a quota to Marathas in jobs and education. The plea before the 3-Judge Bench challenged the Bombay High Court judgment passed in June 2019, and submitted …

[Breaking] SC Refers Maratha Reservation Matter To Larger Bench, No Appointments/Admissions In Maratha Quota Now
4 years, 6 months ago

[Breaking] SC Refers Maratha Reservation Matter To Larger Bench, No Appointments/Admissions In Maratha Quota Now

Live Law  

A 3-Judge Bench of the Supreme Court has stayed the operation of the Socially and Educationally Backward Classes Act, 2018, which granted Maratha quota, and has referred the issue to a Constitution Bench of 5 Judges or more for final adjudication.The Bench comprising of Justices L. Nageswara Rao, Hemant Gupta and S. Ravindra Bhat further held that no appointments or …

Maratha Reservation : SC To Hear Appeals On Day-to-Day Basis From July 27
4 years, 8 months ago

Maratha Reservation : SC To Hear Appeals On Day-to-Day Basis From July 27

Live Law  

The Supreme Court stated that there will be a day-to-day hearing from July 27 onwards in the plea challenging the Bombay High Court order which upheld the SEBC Act, 2018, that allows for the Maratha community to avail reservation in education and jobs in the State of Maharashtra. The parties were directed to decide amongst themselves the time they would …

SC Extends Limitation For Filing In All Courts/Tribunals With Effect From March 15 Until Further Orders [Read Order]
4 years, 11 months ago

SC Extends Limitation For Filing In All Courts/Tribunals With Effect From March 15 Until Further Orders [Read Order]

Live Law  

With the objective of reducing physical filings in courts and tribunals across the countries during the COVID-19 pandemic, the Supreme Court on Monday passed a general order extending the limitation, whether condonable or not, with effect from March 15, until further orders. "To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such …

[Article 370] [Day-6] Conflict Between Two Judgments: SC Reserves Order On Reference To Seven Judge Bench
5 years, 1 month ago

[Article 370] [Day-6] Conflict Between Two Judgments: SC Reserves Order On Reference To Seven Judge Bench

Live Law  

The Constitution Bench of the Supreme Court of India comprising of Justices N.V. Ramana, Sanjay Kishan Kaul, R. Subhash Reddy, B.R. Gavai and Surya Kant, resumed hearing the petitions challenging the abrogation of the special of Jammu and Kashmir under Article 370 of the Constitution of India, and the Jammu and Kashmir Reorganisation Act, 2019. Shah, appearing on behalf of …

Supreme Court Bar Association Passes Resolution Against Constitution Of Single Benches In SC [Read Resolution]
5 years, 6 months ago

Supreme Court Bar Association Passes Resolution Against Constitution Of Single Benches In SC [Read Resolution]

Live Law  

The Supreme Court Bar Association passed a resolution of Friday expressing objections against the amendments notified to the Supreme Court Rules, providing for single bench hearing for transfer petitions and bail matters for offences punishable up to seven years imprisonment. "It is surprising that the amendment has been brought without involving and/or consulting the Supreme Court Bar Association, which is …

10% EWS Quota for Social Equality, Equal Opportunities Irrespective of Caste, Govt Tells SC
6 years ago

10% EWS Quota for Social Equality, Equal Opportunities Irrespective of Caste, Govt Tells SC

News 18  

New Delhi: The Central government has justified the 10 per cent reservation benefits for the Economically Weak Sections, emphasising that the move is meant for promoting "social equality" and giving "equal opportunities" to all, irrespective of their castes. Submitting its affidavit in the Supreme Court, the government contended that the constitutional amendment was completely justified in law and that no …

Reference To A Constitution Bench
7 years, 5 months ago

Reference To A Constitution Bench

Live Law  

Article 145 mandates that any matter that involves “a substantial question of law as to the interpretation of this Constitution” should be heard by a Bench of not less than five Judges of the Supreme Court – what is commonly referred to as a Constitution Bench. In other words, the Court took a view that only such substantial questions relating …

Reference To A Constitution Bench
7 years, 5 months ago

Reference To A Constitution Bench

Live Law  

Article 145 mandates that any matter that involves “a substantial question of law as to the interpretation of this Constitution” should be heard by a Bench of not less than five Judges of the Supreme Court – what is commonly referred to as a Constitution Bench. In other words, the Court took a view that only such substantial questions relating …

SC May Refer Sabarimala Women Entry Issue To Constitution Bench
8 years, 1 month ago

SC May Refer Sabarimala Women Entry Issue To Constitution Bench

Live Law  

Hinting that it might refer the contentious issue of women entry into Kerala’s Sabarimala shrine to a constitution bench, the Supreme Court today asked the parties, including the amicus curiae, to furnish questions which can be referred to the larger bench if it eventually decides that way.The bench headed by justice Dipak Misra reserved the verdict on the question whether …

SC May Refer Sabarimala Women Entry Issue To Constitution Bench
8 years, 1 month ago

SC May Refer Sabarimala Women Entry Issue To Constitution Bench

Live Law  

Hinting that it might refer the contentious issue of women entry into Kerala’s Sabarimala shrine to a constitution bench, the Supreme Court today asked the parties, including the amicus curiae, to furnish questions which can be referred to the larger bench if it eventually decides that way.The bench headed by justice Dipak Misra reserved the verdict on the question whether …

Of the 2,296 Constitution Bench Jts, only about 1% have been overruled, which is considerably less than the number of Const. Amendments;President
8 years, 11 months ago

Of the 2,296 Constitution Bench Jts, only about 1% have been overruled, which is considerably less than the number of Const. Amendments;President

Live Law  

"Constitutionalism is the primary edifice on which Indian democracy stands", says PresidentThe President of India, Shri Pranab Mukherjee received today the first copy of a book ‘Statement of Indian Law: Supreme Court through its Constitution Bench Decisions since 1950’ written by Shri Govind Goel, Advocate, Supreme Court of India. "Constitutionalism is the primary edifice on which Indian democracy stands", says …

Of the 2,296 Constitution Bench Jts, only about 1% have been overruled, which is considerably less than the number of Const. Amendments;President
8 years, 11 months ago

Of the 2,296 Constitution Bench Jts, only about 1% have been overruled, which is considerably less than the number of Const. Amendments;President

Live Law  

"Constitutionalism is the primary edifice on which Indian democracy stands", says PresidentThe President of India, Shri Pranab Mukherjee received today the first copy of a book ‘Statement of Indian Law: Supreme Court through its Constitution Bench Decisions since 1950’ written by Shri Govind Goel, Advocate, Supreme Court of India. "Constitutionalism is the primary edifice on which Indian democracy stands", says …

Constitution Bench of Apex Court refuses to revisit scope of Article 136
9 years, 2 months ago

Constitution Bench of Apex Court refuses to revisit scope of Article 136

Live Law  

A Five Judge Constitution Bench of the Supreme Court on Monday refused to revisit the scope of Article 136 of the Constitution of India or lay down guidelines regulating the power.The bench, comprising Justice Anil Dave, Justice Kurian Joseph, Justice A.K. A Five Judge Constitution Bench of the Supreme Court on Monday refused to revisit the scope of Article 136 …

Constitution Bench of Apex Court refuses to revisit scope of Article 136
9 years, 2 months ago

Constitution Bench of Apex Court refuses to revisit scope of Article 136

Live Law  

A Five Judge Constitution Bench of the Supreme Court on Monday refused to revisit the scope of Article 136 of the Constitution of India or lay down guidelines regulating the power.The bench, comprising Justice Anil Dave, Justice Kurian Joseph, Justice A.K. A Five Judge Constitution Bench of the Supreme Court on Monday refused to revisit the scope of Article 136 …

Constitution Bench Matters to be listed before CJI from 8th July; Court to decide upon power of Remission of sentence related to Rajiv Gandhi Assassination case, Validity of extended term of...
10 years, 8 months ago

Constitution Bench Matters to be listed before CJI from 8th July; Court to decide upon power of Remission of sentence related to Rajiv Gandhi Assassination case, Validity of extended term of...

Live Law  

According to a recent Supreme Court notice, matters to be heard by a Constitutional Bench comprising of five judges will be listed before the Chief Justice from 8th of July. The matters, listed before the Constitutional Bench, are of utmost importance.The Bench will decide the case of Union Of India Vs V. Srlharan @ Murugan & Ors., regarding the remittance …

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