Undoing Judicial Review of Reservation Laws By Incorporating in 9th Schedule, But Can We Undo?

Описание к видео Undoing Judicial Review of Reservation Laws By Incorporating in 9th Schedule, But Can We Undo?

Recently some political leaders have opined the dire need to include Union and State reservation laws in the Ninth Schedule of Constitution so that they are shielded from judicial review.

BACKGROUND: This demand comes after the Supreme Court’s two separate rulings one in Feb. 2020 and other on 11.06.2020 that the Right to Reservation, either in promotion or at initial appointment / direct recruitment, is not a Fundamental Right and that a state cannot be compelled to offer quota if it chooses not to do so. And, if state wants to use its discretion to offer reservation either at initial appointment or at promotion level, it has to fulfill certain mandatory conditions such as (i) showing inadequacy of representation of the proposed class in public employment, (ii) proposed reservation would enhance efficiency in services, (iii) total reservation should not cross 50%, and (iv) creamy layer of the proposed class to remain non-beneficiaries of reservation benefits. These conditions have been laid down by the Supreme Court of India in Indira Sawhney vs. Union of India, 1992, M. Nagraj vs. Union of India, 2006 and Jurnail Singh case in 2018.

NINTH SCHEDULE: This Schedule was added by the Constitution (First Amendment) Act, 1951 alongwith a new article 31B and contains a list of central and state laws which cannot be subjected to judicial review. The first Amendment added 13 laws to the Schedule. Subsequent amendments in various years have taken the number of protected laws to 284 currently. Please see the video to understand as to how union and state reservation laws would still be subjected to judicial reviews inspite of their incorporation in 9th schedule of Indian Constitution owing to judgments of Hon'ble Supreme Court of India in Kesavananda Bharati vs. Union of India, 1973 and I. R. Coelhi vs. State of Tamil Nadu, 2007.

DOWNLOAD class note : https://drive.google.com/file/d/160Po... 👌

Nishikant Tiwari
For NKTIAS
M: 7903583363

Комментарии

Информация по комментариям в разработке