On a day when the Andhra Pradesh High Court struck down job reservation for Muslims, the West Bengal government on Monday announced 10 per cent quota in employment for the community under the OBC category. The state government declared the quota for the Muslims who were educationally, socially and economically backward in the state. "We have decided to accept the recommendations of the Ranganath Mishra Commission and will take steps...

The Supreme Court Bench headed by Chief Justice K. G. Balakrishnan set aside the verdict of Jharkhand High Court and upheld the constitutional validity of the amendment in the law that mandates reservations of the chairperson’s post of Panchayats at all levels for the Scheduled Tribe in all the scheduled areas. The bench struck down Section 4(G) of the Panchayat (Extension to Scheduled Areas) Act (PESA), 1996 and held that other...

Is it the Supreme Court of India, or the Supreme Court for Indians?  The law must be equally open to the humblest, simplest and little member of the community A decentralised system of judicature is a paramount property for democracy to have élan A Supreme Court of India, and a Supreme Court for all Indians: these two versions can be radically different in terms of principle and content. The Preamble to...

A survey of the Supreme Court’s docket finds a court overwhelmed by petitions from those with money and resources.  THE Indian Supreme Court has a reputation for being a “people’s court” or, as one judge put it, a “last resort for the oppressed and bewildered”. The Constitution gives all Indians the right to petition directly the Supreme Court if their fundamental rights are violated and the right to appeal to...

Activists realise it takes a fight to translate democracy from thin paper to thick action In the winter of 1997, advocate Ashok Agarwal filed a petition in the Supreme Court opposing the nearly 400 per cent hike in school fees. This was the year the Fifth Pay Commission recommendations were implemented and the salaries of teachers shot up. Parents trying to cope with the overall price rise were suddenly hit by...