Supreme Court of India
Satyajit Kumar & Ors. v. The State of Jharkhand & Ors.
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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
Authorities it was built on
- 1973 E. P. Royappa v. State of Tamil Nadu & Anr.
- 1979 Ramana Dayaram Shetty v. The International Airport Authority of India and Ors.
- 1973 His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- 1978 Maneka Gandhi v. Union of India
- 2006 Secretary, State of Karnataka and Ors. v. Umadevi and Ors.
- 1980 Ajay Hasia Etc. v. Khalid Mujib Sehravardi & Ors. Etc.
- 2007 I. R. Coelho (dead) by Lrs. v. State of Tamil Nadu
- 1985 Union of India and Another v. Tulsiram Patel and Others
- 1995 R.K. Sabharwal and Ors. v. The State of Punjab
- 1992 Peerless General Finance and Investment Co. Ltd. and Anr v. Reserve Bank of India
- 1984 Dr. Pradeep Jain Etc. v. Union of India and Ors. Etc.
- 1980 Waman Rao & Ors. Etc. Etc. v. Union of India and Ors.
- 1960 The J. K. Cotton Spinning & Weaving Mills Co., Ltd. v. The State of Ultar Pradesh & Ors.
- 2001 S.R. Chaudhuri v. State of Punjab and Ors.
- 2010 Vijay Kumar Sharma @ Manju v. Raghunandan Sharma @ Baburam & Ors.
- 2006 R.S. Garg v. State of U.P. and Ors.
- 2000 Suraj Parkash Gupta and Others v. State of J & K and Others
- 2019 Anupal Singh and Others v. State of U.p through Principal Secretary, Personnel Department and Others
- 2013 Rajesh Kumar & Ors. Etc. v. State of Bihar & Ors. Etc.
- 2002 Kailash Chand Sharma Etc. Etc. v. State of Rajasthan and Ors.
- 2017 Ran Vijay Singh & Ors. v. State of U.P. & Ors.
- 1990 Km. Neelima Misra v. Dr. Harinder Kaur Paintal and Ors.
- 2014 M/s. Indus Airways Pvt. Ltd. & Ors. v. M/s. Magnum Aviation Pvt. Ltd. & Anr.
- 1968 Minor P. Rajendran v. State of Madras & Ors.
- 1961 Puranlal Lakhanpal v. The President of India and Others
- 1969 Ram Kirpal Bhagat & Ors. v. State of Bihar
- 2017 State of U.P. & Anr. Etc. v. Anand Kumar Yadav & Ors. Etc.
- 1998 State of Madhya Pradesh and Anr. v. Dharam Bir
- 1992 Syed Khalid Rizvi and Ors. Etc. v. Union of India and Ors. Etc. Etc.
- 1969 A.V. S. Narasimha Rao and Others v. The State of Andhra Pradesh and Another
- 1976 Kumari K. S. Jayasree & Anr. v. The State of Kerala & Anr.
- 2020 Chebrolu Leela Prasad Rao & Ors. v. State of A.P. & Ors.
- 2005 Rajesh Kumar Gupta and Ors. v. State of U.P. and Ors.
- 1994 State of Orissa and Ors. v. Sudhir Kumar Biswal and Ors.
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