Supreme court+ High court judgement

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Why did Patna High Court strike down 65% reservation? 1) The judgment firmly dismissed the idea of “proportionate representation” for Backward Classes, stating that this concept is not supported by Articles 15 and 16. Article 16 mentions “inadequacy of representation.” The High Court cited the Supreme Court’s ruling in Indra Sawhney (1992), where it stated that “adequate representation” should not be interpreted as “proportionate representation.” 2) Bihar reservation amendment exceeds the 50% reservation limit. The Supreme Court introduced this limit in M R Balaji (1962), considering it discriminatory under the right to equality. This principle has been upheld in subsequent rulings like Devadasan (1964), N M Thomas (1976), and Indra Sawhney (1992). 3) The 50% reservation rule is defended on grounds of efficiency and merit. The Patna High Court also noted that “merit cannot be entirely sacrificed.” 4) The proposed reservation was not proportionate given that Scheduled Castes, Scheduled Tribes, and backward castes constitute 84.46% of Bihar’s population. The Supreme Court acknowledged in Indra Sawhney that the proportion of backward classes to the total population is relevant. 5) Indra Sawhney implied that strict adherence to the 50% limit is not necessary in remote or less developed areas. The High Court rejected the idea that Bihar is outside the national mainstream, highlighting its significant role in national politics. 6) The court observed that there was no analysis of the Caste Survey and consultation with the experts before increasing reservation.

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What efforts have been made to improve refugee rights in India? 1 Legislative Efforts: A Private Member’s Bill was introduced in the Lok Sabha in February 2022, proposing the establishment of a comprehensive Refugee and Asylum law. This bill aims to recognize asylum seekers officially and grant them specific rights, addressing India’s lack of a formal asylum framework. However, as of now, India has no domestic asylum law. 2 Judicial Contributions: The Supreme Court of India has reinforced the constitutional rights of refugees, irrespective of nationality. A landmark ruling in 1996 in the case of National Human Rights Commission vs State Of Arunachal Pradesh & Anr. ensured that the Chakma refugees, who had entered Arunachal Pradesh in 1995, could not be forcibly evicted until their asylum applications were properly processed. This judgment underlined the importance of legal procedures in the treatment of refugees.

Key Case Laws Upholding Constitutional Morality in India: 1 Navtej Singh Johar vs Union of India 2018 : Decriminalisation of Section 377 IPC, which criminalised consensual homosexual acts. The Supreme Court emphasised constitutional morality over social morality, decriminalising consensual homosexual acts among adults. 2 Sabrimala Temple case : Ban on entry of women of menstruating age into Sabarimala temple. The Supreme Court held the ban unconstitutional, which affirmed the constitutional morality of gender equality and non-discrimination over religious customs. 3 Joseph Shine v. Union of India (2018): The Supreme Court decriminalised adultery, stating that the law was archaic and violated constitutional guarantees of equality. This highlighted the importance of individual autonomy, equality and human dignity to all. 4 NCT of Delhi vs. Union of India (2018): The Supreme Court equated constitutional morality with the spirit of the Constitution itself. It held that Constitutional morality, in its strictest sense, implies a strict and complete adherence to the constitutional principles as enshrined in the Constitution. 1 7th Schedule- Division of powers between centre and states.

What recent government actions went against the constitution? 1 Preemptive Decision-Making: India’s PM approved the seventeenth instalment of the Pradhan Mantri Kisan Samman Nidhi, a ₹20,000 crore scheme, before the allocation of ministerial portfolios, which traditionally falls under the Ministry of Agriculture and the Department of Expenditure. 2 Cabinet Actions Without Portfolios: The first cabinet meeting led to the decision to assist three crore additional households under the Pradhan Mantri Awas Yojana without assigned portfolios, raising questions about the procedural legitimacy of the decision. 3 Extension of Tenures: India’s PM extended the tenures of the National Security Adviser and the Principal Secretary prematurely, using the old Appointments Committee of the Cabinet setup, despite not having reconstituted the Cabinet Committee after the new government formation.