Court Cases Related To Reservation In India
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Court Cases Related To Reservation In India
__NOTOC__ 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 References Further reading * Articles 12, 14, 15, 16, 19, 335 of the Constitution of India * ''State of Madras v. Smt. Champakam Dorairanjan'' AIR 1951 SC 226 ...
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Judiciary Of India
The judiciary of India is a system of courts that interpret and apply the law in the India, Republic of India. India uses a Common law, ''common law system'', first introduced by the East India Company, British East India Company and with influence from other Colonial India, colonial powers and Indian princely states, as well as practices from ancient and medieval times. The constitution provides for a single unified judiciary in India. The Indian judicial system is managed and administrated by officers. Judges of Subordinate Judiciaries are appointed by the governor on recommendation by the High courts of India, High Court. Judges of the High Courts and Supreme Court of India, Supreme Court are appointed by the President of India on the recommendation of a Three Judges Cases, collegium. The judicial system is structured in three levels with subsidiary parts. The Supreme Court of India, Supreme Court, also known as the Apex Court, is the top court and the ultimate appellate cour ...
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First Amendment Of The Constitution Of India
The Constitution (First Amendment) Act, 1951, enacted in 1951, made several changes to the Fundamental Rights provisions of the Indian constitution. It provided means to restrict freedom of speech and expression, validation of ''zamindari'' abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide "special consideration" for weaker sections of society. The formal title of the amendment is the Constitution (First Amendment) Act, 1951. It was moved by the then Prime Minister of India, Jawaharlal Nehru, on 10 May 1951 and enacted by Parliament on 18 June 1951. This Amendment set the precedent of amending the Constitution to overcome judicial judgements impeding fulfilment of the government's perceived responsibilities to particular policies and programmes. Background The Constitution of India became effective on 26 January 1950. Highlighting the features of the new Constitution, Times of India wrote "Laws inconsistent with the prov ...
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Constitution Of India
The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in A ...
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The Times Of India
''The Times of India'', also known by its abbreviation ''TOI'', is an Indian English-language daily newspaper and digital news media owned and managed by The Times Group. It is the third-largest newspaper in India by circulation and largest selling English-language daily in the world. It is the oldest English-language newspaper in India, and the second-oldest Indian newspaper still in circulation, with its first edition published in 1838. It is nicknamed as "The Old Lady of Bori Bunder", and is an Indian " newspaper of record". Near the beginning of the 20th century, Lord Curzon, the Viceroy of India, called ''TOI'' "the leading paper in Asia". In 1991, the BBC ranked ''TOI'' among the world's six best newspapers. It is owned and published by Bennett, Coleman & Co. Ltd. (B.C.C.L.), which is owned by the Sahu Jain family. In the Brand Trust Report India study 2019, ''TOI'' was rated as the most trusted English newspaper in India. Reuters rated ''TOI'' as India's most trus ...
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Economically Weaker Section
Economically Weaker Section (EWS) in India is a subcategory of people having an annual family income less than and who do not belong to any category such as SC/ ST/ OBC across India, nor to MBC in Tamil Nadu. A candidate who does not fall under SC/ST/OBC and fulfils the EWS economic criteria are to be part of the EWS category. History On 7 January 2019, Union Council of Ministers approved a 10% reservation in government jobs and educational institutions for the Economically Weaker Section (EWS) in the General category. The cabinet decided that this would be over and above the existing 50% reservation for SC/ST/OBC categories. On 8 January 2019, The Constitution (One Hundred and Twenty-fourth Amendment) Bill, 2019, was tabled in the Lok Sabha, the lower house of the Parliament of India and it was passed on the same day. The bill was passed by the upper house Rajya Sabha on 9 January. President Ram Nath Kovind gave assent to the bill on 12 January 2019, and a gazette was rele ...
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Ashoka Kumar Thakur V
Ashoka (, ; also ''Asoka''; 304 – 232 BCE), popularly known as Ashoka the Great, was the third emperor of the Maurya Empire of Indian subcontinent during to 232 BCE. His empire covered a large part of the Indian subcontinent, stretching from present-day Afghanistan in the west to present-day Bangladesh in the east, with its capital at Pataliputra. A patron of Buddhism, he is credited with playing an important role in the spread of Buddhism across ancient Asia. Much of the information about Ashoka comes from his Brahmi edicts, which are among the earliest long inscriptions of ancient India, and the Buddhist legends written centuries after his death. Ashoka was son of Bindusara, and a grandson of the dynasty's founder Chandragupta. During his father's reign, he served as the governor of Ujjain in central India. According to some Buddhist legends, he also suppressed a revolt in Takshashila as a prince, and after his father's death, killed his brothers to ascend ...
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Creamy Layer
Creamy layer is a term used in Indian politics to refer to some members of a backward class who are highly advanced socially as well as economically and educationally. They constitute the forward section of that particular backward class – as forward as any other forward class member. They are not eligible for government-sponsored educational and professional benefit programs. The term was introduced by the ''Sattanathan Commission'' in 1971, which directed that the "creamy layer" should be excluded from the reservations (quotas) of civil posts. It was also identified later by Justice Ram Nandan Committee in 1993. The creamy layer (income) criteria were defined as gross annual income of parents from all sources more than 100,000 rupees (₹ or INR defined by Sattanathan committee in 1971) In 1993 when "creamy layer" ceiling was introduced, it was ₹ ''1 lakh''. It was subsequently revised to ''Rs 2.5 lakh'' per ''annum'' in (2004), and revised to ₹ 4.5 lakh (2008), Rs 6 lak ...
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The Indian Express
''The Indian Express'' is an English-language Indian daily newspaper founded in 1932. It is published in Mumbai by the Indian Express Group. In 1999, eight years after the group's founder Ramnath Goenka's death in 1991, the group was split between the family members. The southern editions took the name ''The New Indian Express'', while the northern editions, based in Mumbai, retained the original ''Indian Express'' name with ''"The"'' prefixed to the title. History In 1932, the ''Indian Express'' was started by an Ayurvedic doctor, P. Varadarajulu Naidu, at Chennai, being published by his "Tamil Nadu" press. Soon under financial difficulties, he sold the newspaper to Swaminathan Sadanand, the founder of ''The Free Press Journal'', a national news agency. In 1933, the ''Indian Express'' opened its second office in Madurai, launching the Tamil edition, '' Dinamani''. Sadanand introduced several innovations and reduced the price of the newspaper. Faced with financial difficultie ...
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Indra Sawhney & Others V
Indra (; Sanskrit: इन्द्र) is the king of the devas (god-like deities) and Svarga (heaven) in Hindu mythology. He is associated with the sky, lightning, weather, thunder, storms, rains, river flows, and war.  volumes/ref> Indra's myths and powers are similar to other Indo-European deities such as Jupiter, Perun, Perkūnas, Zalmoxis, Taranis, Zeus, and Thor, part of the greater Proto-Indo-European mythology. Indra is the most referred deity in the ''Rigveda''. He is celebrated for his powers, and as the one who killed the great evil (a malevolent type of asura) named Vritra, who obstructed human prosperity and happiness. Indra destroys Vritra and his "deceiving forces", and thereby brings rains and sunshine as the saviour of mankind. He is also an important deity worshipped by the Kalash people, indicating his prominence in ancient Hinduism. Indra's significance diminishes in the post-Vedic Indian literature, but he still plays an important role in various ...
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Communal Award
The Communal Award was created by the British prime minister Ramsay MacDonald on 16 August 1932. Also known as the MacDonald Award, it was announced after the Round Table Conference (1930–32) and extended the separate electorate to depressed Classes (now known as the Scheduled Caste) and other minorities. The separate electorate was introduced in Indian Councils Act 1909 for Muslims and extended to Sikhs, Indian Christians, Anglo-Indians and Europeans by Government of India Act 1919. The separate electorate was now available to the Forward Caste, Muslims, Buddhists, Sikhs, Indian Christians, Anglo-Indians, Europeans and Depressed Classes (now known as the Scheduled Caste) etc. The principle of weightage was also applied. Sir Samuel Hoare asked for clarification of the ninth and last paragraph that applied directly to the Depressed Classes. The Award favoured the minorities over the Hindus causing consternation and eliciting anger from Gandhi.''The Bombay Chronicle,'' 18 Augus ...
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Reservation In India
Reservation is a system of affirmative action in India that provides historically disadvantaged groups representation in education, employment, government schemes, scholarships and politics. Based on provisions in the Indian Constitution, it allows the Union Government and the States and Territories of India to set ''reserved quotas or seats'', at particular percentage in Education Admissions, Employments, Political Bodys, Promotions, etcb for "socially and educationally backward citizens." History Before independence Quota systems favouring certain castes and other communities existed before independence in several areas of British India. Demands for various forms of positive discrimination had been made, for example, in 1882 and 1891. Rajarshi Shahu, the Maharaja of the princely state of Kolhapur, introduced reservation in favor of non-Brahmin and backward classes, much of which came into force in 1902. He provided free education to everyone and opened several hostels to ma ...
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State Of Madras V
State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future government in three novels by Larry Niven Music Groups and labels * States Records, an American record label * The State (band), Australian band previously known as the Cutters Albums * ''State'' (album), a 2013 album by Todd Rundgren * ''States'' (album), a 2013 album by the Paper Kites * ''States'', a 1991 album by Klinik * ''The State'' (album), a 1999 album by Nickelback Television * ''The State'' (American TV series), 1993 * ''The State'' (British TV series), 2017 Other * The State (comedy troupe), an American comedy troupe Law and politics * State (polity), a centralized political organization ...
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