ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles By Supreme Court of India

Demonetisation Judgment

The Supreme Court’s judgment, upholding the constitutional validity of the demonetisation of `500 and `1,000 notes, is legally right but comes too late to be of any appreciable legal interest. It highlights the phenomenon of the Court determining the outcome of a case without actually deciding the case, and raises worrying questions about the abdication of responsibility by the Court.

On the Maratha Reservations Judgment: Part II

Apart from holding the Maratha reservations unconstitutional, the Supreme Court also interpreted the 102nd amendment to take away the power of state governments to designate communities as “socially and educationally backward classes.” This particular aspect of the Court’s judgment is poorly reasoned, goes contrary to the express provisions of the Constitution and threatens to upset well-set principles and practices in relation to reservations in India.

 

On Maratha Reservations Judgment: Part-1

The Supreme Court’s constitution bench judgment striking down the Maharashtra government’s reservations for Marathas has affirmed and applied well-accepted tests laid down in the Indra Sawhney judgment. However, it has also missed an opportunity to re-examine the artificially imposed 50% limit on reservations in jobs and seats. The justification for retaining the same, however, could also affect reservations for the economically weaker sections.

 

Hyundai and the Law of Resale Price Maintenance in India

The Competition Commission of India’s landmark order in the Hyundai case on resale price maintenance is analysed in light of the CCI’s broader decisional practice on RPM. It finds that, unlike in other cases, the CCI did not examine the possible benefits of RPM in increasing the sale of cars. In effect, the CCI presumed that the very existence of the discount control measure was unlawful, without the need to assess competitive effects. The Hyundai case is used to highlight the inconsistencies in the CCI’s decisional practice on RPM.

Understanding Citizenship and Refugees’ Status in India

The recent Rohingya crisis in South Asia raised questions regarding the refugee policies of the Indian state, which seem to take a very diplomatic position on the refugee problem. This article seeks to argue that India’s kindness for some refugee communities and ignorant behaviour for Muslim refugees has raised a doubt on its way of refugee dealings, and has posed question on the very secular face of the Indian state. How the Supreme Court as well as the Indian government has viewed and handled the refugee problem has been discussed in detail in this article.