This volume of the Supreme Court Cases (SCC), Part 2 of Volume 1, embodies a landmark case decided by the Supreme Court on the scope and limit on the power of Parliament to enact a statute, reservation for persons with disabilities, and surrogacy age restrictions.
Constitution of India — Arts. 245 & 246 and Arts. 141, 32, 142, 136 & 226 — Power of Parliament to enact a statute in any manner it deems appropriate — Scope and limits: Parliament does not have the discretion to ignore the decisions of the Court. Though clarified, the Court cannot compel Parliament to legislate in a particular manner, [Madras Bar Assn. (6) v. Union of India, (2026) 2 SCC 1]
Rights of Persons with Disabilities Act, 2016 — Reservation — Reservation in case of persons with disabilities under S. 34, RPwD Act vis-à-vis social reservation under Art. 16(4) of the Constitution: Reservation under Art. 16(4) provides for upward movement in case of reserved category candidates ranking higher in merit above cut-off for unreserved category leaving seat vacant for less meritorious candidate from reserved category. However, such upward movement not provided for persons with disabilities under the RPwD Act, defeating very purpose of reservation under S. 34, [Reena Banerjee v. State (NCT of Delhi), (2026) 2 SCC 149]
Surrogacy (Regulation) Act, 2021 — S. 4(iii)(c)(I) — Age-restrictions under S. 4(iii)(c)(I) of the 2021 Act — Applicability to intending couple who had commenced surrogacy process, to extent of having their embryos frozen, before enforcement of Act: Statutory regulation, held, cannot apply retrospectively and frustrate a right which had and has imprimatur of the Constitution under Art. 21 and had been exercised by intending couples who had commenced process of surrogacy prior to enforcement of Act, [Vijaya Kumari S. v. Union of India, (2026) 2 SCC 96]