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Supreme Court of India 2017-11-15 disposed

State of Maharashtra & Anr vs Vijay Ghogre & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court consolidated multiple Special Leave Petitions challenging reservations under Articles 16(4), 16(4A), and 16(4B) of the Constitution. A two-Judge Bench had previously referred the matter to a Constitution Bench, citing questions about whether the landmark M. Nagaraj decision requires reconsideration, particularly regarding the application of the backwardness test and creamy layer principle to SC/ST reservations. A three-Judge Bench declined to adjudicate the procedural propriety of that referral, instead directing that the matter proceed to a Constitution Bench for proper examination of whether the binding precedent requires reconsideration.

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Constitutional Law Reservation Articles 16(4), 16(4A), 16(4B) Scheduled Castes and Scheduled Tribes Backwardness Creamy Layer Constitutional Bench

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