In Public Interest Foundation Case a five-judge Constitution bench headed by Chief Justice issued directions aimed at decriminalisation of politics. Background According to the prevalent law, the lawmakers and candidates are barred under the Representation of Peoples Act (RPA) from contesting elections only after their conviction in a criminal case. The current verdict was pronounced on a question whether lawmakers … Read More
Reservation in Promotions in Govt Jobs – SCs and STs Controversy
A five-judge Constitution bench allowed for grant of quota for promotions in the government jobs to SCs and STs without the need to “collect quantifiable data” reflecting the backwardness among these communities as mandated by the Nagaraj judgement of 2006. Background Nine judge bench in Indra Sawhney case (1992) The Supreme Court upheld the Mandal Commission’s 27 percent quota for … Read More
Aadhaar Constitutionality Valid : Impact of SC Judgment and Challenges
On September 26, 2018, a Constitution Bench of the Supreme Court, led by Chief Justice of India by a 4:1 majority upheld the validity of Aadhaar but with certain caveats. Background Aadhaar sought to mandatory requirement of demographic and biometric data of an individual which was argued to be against the fundamental right to privacy. Aadhaar Act, 2016 was passed … Read More