ASHOK BHUSHAN, S.ABDUL NAZEER, L.NAGESWARA RAO, HEMANT GUPTA, S.RAVINDRA BHAT
Jaishri Laxmanrao Patil – Appellant
Versus
Chief Minister – Respondent
The paragraph that discusses the principle that the State cannot override or occupy the "field" designated by the Constitution or central legislation as the exclusive authority for certain functions is (!) .
JUDGMENT :
ASHOK BHUSHAN, J.
(for himself and S. Abdul Nazeer, J.) L. Nageswara Rao, J. Hemant Gupta, J. and S. Ravindra Bhat have also concurred on Question Nos. 1, 2 and 3.
1. This Constitution Bench has been constituted to consider questions of seminal importance relating to contours and extent of special provisions for the advancement of socially and educationally backward class (SEBC) of citizens as contemplated under Article 15(4) and contours and extent of provisions of reservation in favour of the backward class citizens under Article 16(4) of the Constitution of India. The challenge/interpretation of the Constitution (102nd Amendment) Act, 2018 is also up for consideration.
2. All the above appeals have been filed challenging the common judgment of the High Court dated 27.06.2019 by which judgment several batches of writ petitions have been decided by the High Court. Different writ petitions were filed before the High Court between the years 2014 to 2019, apart from other challenges following were under challenge:
The Ordinance No. XIII of 2014 dated 09.07.2014 providing 1
A Peeriakaruppan v. State of T.N. (1971) 1 SCC 38 – Relied [Para 13]
Abhiram Singh v. CD. Commachen
Administrator-General of Bengal v. Prem Nath Mallick, 22 IA 107
Ajmer-Merwara (Extension of Laws)Act, 1947 vs. Part 'C States (Laws) Act, 1950
Akhil Bharatiya Soshit Karamchari Sangh, (Railway) versus Union of India and others
All India Reporter Karamchari Sangh and others vs. All India Reporter Limited and others
Ashoka Kumar Thakur v. Union of India
Aswini Kumar Ghose &Anr. v. Arabinda Ghose & Anr.
Aswini Kumar Ghose and another v. Arabinda Bose and another
B. Venkataramana versus State of Tamil Nadu and Another
B.B.C. Enterprises Ltd. v. Hi-Tech Xtravision Ltd.
B.K. Pavitra v. Union of India
Balram Kumawat v. Union of India
Barium Chemicals Ltd. v. Company Law Board
Barium Chemicals v. Company Law Board
Basavalingappa v Munichinnappa
Bimolangshu Roy v. State of Assam
Black Diamond Beverages v Commercial Tax Officer 1998 (1) SCC 458 – Relied [Para 150]
Black-Clawson International Ltd.
Builders' Association of India v. Union of India
C. I. T v. N. C. Budharaja and Co. 1994 SCC Supp1 280 – Relied [Para 12]
Catering Cleaners of Southern Railway v. Union of India
Central Bank of India v. Workmen
Century Finance Corpn. Ltd. vs. State of Maharashtra
Champakam Dorairajan vs. State of Madras
Chebrolu Leela Prasad Rao & Ors. vs. State of A.P. & Ors.
Chebrolu Leela Prasad Rao versus State of Andhra Pradesh
Commissioner of Income Tax v. Willamson Financial Services
Crasim Industries Ltd. v. Collector of Customs, Bombay
Federation of Railway Officers Assn. v. Union of India
G. Narayanaswami v. G. Pannerselvam
General Manager Southern Railway v. Rangachari [(1962) 2 SCR 586] – Relied [Para 141]
General Manager, Southern Railway, Personnel Officer(Reservation), Southern Railway vs. Rangachari
Godrej and Boyce Manufacturing Co v State of Maharashtra 2014 (3) SCC 430 – Relied [Para 150]
Gujarat Electricity Board v. Hind Mazdoor Sabha
GVK Industries Ltd. v. Income Tax Officer
His Holiness Kesvananda Bharati vs. State of Kerala and another
Chandramouleshwar Prasad versus The Patna High Court and others
Indian Administrative Services (S.C.S.) Association, U.P. and Others
Indira Nehru Gandhi vs. Raj Narain
Indra Sawhney and others Vs. Union of India and others
Indra Sawhney vs. Union of India
Institute of Chartered Accountants of India v. Price Waterhouse
ITC Ltd. vs. Agricultural Produce Market Committee and others
J.P. Bansal v. State of Rajasthan
Jagdev Singh Sidhanti v. Pratap Singh Daulta
Janki Prasad Parimoo v. State of J&K (1973) 1 SCC 420 – Relied [Para 13]
Jarnail Singh and others vs. Lachhmi Narain Gupta and others
Jindal Stainless Ltd. v. State of Haryana
K. Krishnamurthy and others versus Union of India and another
K. Lakshminarayanan v. Union of India
K.C. Vasanth Kumar and another vs. State of Karnata
K.C. Vasanth Kumar v. State of Karnataka
K.S. Puttaswamy and another vs. Union of India and others
Kalpana Mehta and others versus Union of India and others
Kanai Lal Sur v. Paramnidhi Sadhukhan
Kanti Prasad Jayshanker Yagnik v. Purshottamdas Ranchhoddas Patel
Karnataka State Financial Corporation, vs. N. Narasimahaiah
Kesavananda Bharati v. State of Kerala
Kishori Lal Hans v. Raja Ram Singh
Krishan Lal Gera v. State of Haryana
Krishena Kumar and Anr. v. Union of India & Ors.
Krishna Murthy (Dr.) and others vs. Union of India and another 2010 (7) SCC 202 – Relied [Para 152]
Kuldip Nayar v. Union of India
Lal Babu Priyadarshi v. Amritpal Singh
Laurel Energetics (P) Ltd. v. Securities Exchange Board of India
M.R. Balaji and others vs. State of Mysore and others
M/s New India Sugar Mills Ltd v. Commissioner of Sales Tax
Maharao Sahib Shri Bhim Singhji v. Union of India
Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College
Minerva Mills Ltd. and others vs. Union of India and others
Modern Dental College & Research Centre v. State of M.P.
Mukesh Kumar and another vs. State of Uttarakhand and others
Nand Kishore vs. State of Punjab
New Delhi Municipal Council v. State of Punjab
New Jehangir Vakil Mills Ltd. v. CIT
Nyadar Singh v. Union of India 1988 4 SCC 170 – Relied [Para 23]
P. Kasilingam v PSG College of Technology 1995 Supp (2) SCC 348 – Relied [Para 150]
P. Rajendran v. State of T.N. (1968) 2 SCR 786 – Relied [Para 13]
Pepper (Inspector of Taxes) v. Hart
Petlad Turkey Red Dye Works Co. Ltd. v. CIT
Pramati Educational & Cultural Trust v. Union of India
Punjab Land Development and Reclamation Corpn. Ltd. v. Presiding Officer, Labour Court
R.C. Poudyal vs. Union of India
Raghunathrao Ganpatrao v. Union of India
Rajnarain Singh vs. Chairman, Patna Administration Committee, Patna and another
Ram Singh and others vs. Union of India
Ramesh Yeshwant Prabhoo v. Prabhakar Kashinath Kunte
Reclamation Corporation Ltd. v. Presiding Officer
S.R. Chaudhuri v. State of Punjab
S.V. Joshi and others vs. State of Karnataka and others
Sajjan Singh v. State of Rajasthan
Sanjeev Coke Manufacturing v. Bharat Coking Coal Ltd. &Anr. (1983) 1 SCR 1000 – Relied [Para 79]
Shivraj Singh Chauhan v. Speaker, Madhya Pradesh Legislative Assembly
Society for Un-aided Private Schools of Rajasthan versus Union of India and another
Soosai Etc vs Union of lndia 1985 Supp3 SCR 242 – Relied [Para 87]
South Asia Industries Private Ltd. v. S. Sarup Singh and others
St. Stephen's College versus University of Delhi
State (NCT of Delhi) v. Union of India
State of A.P. v. USV Balram (1972) 1 SCC 660 – Relied [Para 14]
State of Gujarat versus Mirzapur, Moti Kureshi Kassab Jamat and others
State of Karnataka v. Appa Balu Ingale
State of Karnataka v. Union of India
State of Maharashtra v. Union of India
State of Punjab versus Hiralal and others
State of Rajasthan v. Union of India 1978 1 SCR 1 – Relied [Para 175]
State of Travancore, Cochin and others vs. Bombay Company Ltd.
State of Travancore-Cochin v. Bombay Company Ltd.
State of U.P. v. Pradeep Tandon (1975) 1 SCC 267 – Relied [Para 13]
State of W.B. v. Union of India
Stock v. Frank Jones (Tipton) Ltd.
Sudha Rani Garg v. Jagdish Kumar
Supreme Court Advocates-on-Record Assn. v. Union of India
Supreme Court Advocates-on-Record Assn. v. Union of India
T. Devadasn vs. Union of India and another
T.M.A Pai Foundation vs. State of Karnataka
Tata Consultancy Services v. State of A.P.
The State of Andhra Pradesh and others vs. U.S.V. Balram, etc.
The State of Madras versus Champakam Dorairajan
Union of India and others versus Rakesh Kumar and others
Union of India v. H.S. Dhillon
Union of India v. Raghubir Singh
Union of India versus Shankalchand Himatlal Sheth and another
Utkal Contractors and Joinery (P) Ltd. v. State of Orissa
V. Narayana Rao v. State of A.P.
Venkataramana Devaru v. State of Mysore [1958 SCR 895
Vikas kishanrao Gawali versus The State of Maharashtra
Workmen of Dimakuchi Tea Estate v Managenment of Dimakuchi Tea Estate
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.