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Supreme Court of India 2020-08-05 allowed

Janhit Abhiyan vs Union of India & Ors

Bench: 3 — 3

In Brief

Thirty-four consolidated writ petitions challenged the constitutional validity of certain amendments, alleging they violated the Constitution's basic structure by restricting affirmative action provisions to socially backward classes. A three-judge bench examined whether the cases raised a substantial question of law requiring referral to a five-judge bench. Both the petitioners and the Union's Attorney General agreed the matters involved such substantial questions. The Court allowed the petitions and referred all cases to a five-judge bench in accordance with Article 145(3) and Supreme Court Rules, Order XXXVIII, without deciding the merits.

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Constitutional Law Writ Jurisdiction Judicial Procedure Bench Constitution Affirmative Action Basic Structure Doctrine

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