Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 341 and 342 335 16(4-B) Constitution of India – Arts.16(4-A) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Reference Answered |
Headnote | Constitution of India – Arts.16(4-A), 16(4-B), 335, 341 and342 – Interpretation of – Reservation in promotion – Judgment inM. Nagaraj case – Correctness of – Referred to five judgeConstitution Bench – Held: Judgment in M. Nagaraj case does notneed to be referred to seven–Judge Bench – However, the conclusionin M. Nagaraj case that the State has to collect quantifiable datashowing backwardness of the Scheduled Castes and the ScheduledTribes, being contrary to the nine-Judge Bench in Indra Sawhney(1) case, is held to be invalid to this extent.Constitution of India – Reservation – Principle of CreamyLayer – Application to Schedules Castes (SCs) and Scheduled Tribes(STs) – Held: When a Court applies the creamy layer principle toSCs and STs, it does not in any manner tinker with the PresidentialList u/Arts. 341 or 342 – Caste or group or sub-group named in thesaid List continues exactly as before – It is only those persons withinthat group or sub-group, who have come out of untouchability orbackwardness by virtue of belonging to the creamy layer, who areexcluded from the benefit of reservation.Constitution of India – Arts.14 and 16(1) – Reservation –Principle of Creamy Layer – Held: Creamy Layer Principle soundsin Arts. 14 and 16(1), as unequals within the same class are beingtreated equally with other members of that class.Interpretation of Statutes – Harmonious Interpretation – Held:Arts. 14 and 16 when harmoniously interpreted along with Arts.341and 342, makes it clear that Parliament has complete freedom toinclude or exclude persons from the Presidential Lists based onrelevant factors – Constitution of India – Arts. 14, 16, 341 and342. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2018 INSC 881 |
Petitioner | Jarnail Singh & Others |
Respondent | Lachhmi Naran Gupta & Other |
SCR | [2018] 10 S.C.R. 663 |
Judgement Date | 2018-09-26 |
Case Number | 30621 |
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