Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Constitution of India: Art. 143 r/w. Order XXXVIII of Supreme Court Rules, 2013 – Writ Petition – Challenging Constitution (One Hundred and Third Amendment) Act, 2019 – Whereby Arts. 15 and 16 were amended by inserting Clause (6) in the provisions – The newly inserted clause empowered the State to make provision for reservation to the extent of 10% in favour of economically weaker sections for admission in educational institutions and for appointment in service – The Constitutional amendment was challenged on the grounds that it was ultra vires as it altered the basic structure of the Constitution; that it ran contrary to the dictum in Indra Sawhney case etc. – Held: The questions involved and raised in the present case involve substantial question of law as to interpretation of the Constitution – As such they are required to be heard by a Constitution Bench of five Judges in view of provisions in Art. 145(3) of the Constitution and order XXXVIII of Supreme Court Rules. |
Judge | N/A |
Neutral Citation | 2020 INSC 475 |
Petitioner | Janhit Abhiyan |
Respondent | Union Of India & Ors. |
SCR | [2020] 7 S.C.R. 158 |
Judgement Date | 2020-08-05 |
Case Number | 55 |
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