Supreme Court of India

Satyajit Kumar & Ors. v. The State of Jharkhand & Ors.

Neutral citation
Reported as [2022] 12 S.C.R. 873
Bench M. R. Shah and B. V . Nagarathna JJ.
Decided 2 August 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the above discussion and for the reasons stat ed above, we uphold the common impugned judgment and order passed by the High Court declaring the impugned Notification/ Order dated 14.07.2016 as unconstitutional and ultra vires Articles 14, 16(2), 16(3) and 35(a-i) of the Constitution of India.

Judgment, page 63

From the headnote

Constitution of India – Para 5(1) of Fifth Schedule; Articl es 14, 13(2), 15, 16(2), (3), 35(a-i) – Whether in exerc ise of powers conferred under paragraph 5(1) of the Fifth Schedul e to the Constitution, the Governor can make provisions for 100% reservation in the scheduled Areas/Districts – Held: Non-obstante clause contained in para 5(1) of the Fifth Schedule of the Constitution shall be read with respect to power of the Governor to suspend and/or modify the law made by the Parliamen t despite Articles 244 and 245 of the Constitution of India – It cannot be read as conferring upon the

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