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Supreme Court of India 2018-08-30 partly_allowed

Bir Singh vs Delhi Jal Board & Ors

Bench: 5 — Ranjan Gogoi, R. Banumathi

In Brief

This Constitution Bench decision addresses whether migrant Scheduled Castes/Scheduled Tribes can claim reservation benefits in States or Union Territories where they settle, beyond those enumerated in Presidential Orders. The Court held that reservation benefits are confined to the State/Union Territory where a caste/tribe is notified. Article 16(4) cannot override Articles 341-342, which grant such status only "in relation to" a particular territory. For Delhi specifically, pan-India reservation for Central Government services was upheld. However, Union Territory subordinate services cannot have pan-India reservation. The judgment rejects S. Pushpa's broader approach and reinforces that Article 341-342 Presidential Orders can only be amended by Parliament, not by executive action or judicial interpretation.

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Constitutional Law Scheduled Castes and Scheduled Tribes Reservation Policy Equal Opportunity Federalism Migration and Benefits Union Territories Public Services Article 16(4)

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