HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Delhi Riots; Bar Association Elections; Fake Anti-Cancer Drug; NOVARTIS Trade Mark; and more
A quick legal roundup to cover important stories from all High Courts this week.
scheduled tribes
‘‘Halba’ and ‘Halbi’ are different Scheduled Tribes’; Bombay HC directs Committee to issue validity certificate considering pre-constitutional documents
By the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, the Schedule—IX is amended by deleting the original Entry at S.No.13 as ‘Halba or Halbi’ and inserting Entry at S.No.19 as ‘Halba, Halbi’ for the State of Maharashtra, pursuant to the States Reorganization Act, 1956.
Supreme Court Constitution and Larger Bench Judgments which steered India’s course in 2024
The Supreme Court’s 2024 decisions have marked a significant turning point in the country’s legal and constitutional framework. Key rulings delivered by Constitutional Benches on Electoral bonds, private property, royalty as tax, AMU’s minority status, sub-classification within reserved categories, etc. have left an impact on fundamental rights, political transparency and tax regime, shaping India’s socio-political landscape, influencing both public policy and the broader democratic process.
‘Cases of this nature where provisions are grossly misused, genuine complaints goes into oblivion’; Jharkhand HC quashes criminal proceedings against man accused under SC/ST Act
In the present case, the petitioner has helped one lady against the allegation of incumbent sitting Chief Minister, which clearly suggests that maliciously the case was registered against the petitioner and the investigation was also made with pre-occupied mind.
Decoding Sub-Classification in SCs
by G.B. Reddy* and Pavan Kasturi**
Supreme Court grants anticipatory bail to journalist Shajan Skaria in SC/ST Act case for making derogatory remarks against MLA PV Sreenijin
“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”
‘Only Parliament can include in or exclude from SCs list under A. 341’: A detailed breakdown of Justice Bela Trivedi’s dissent in Sub-classification of SC/STs Verdict
“State has neither executive nor legislative power to sub-classify or sub-divide or re-group the castes, races or tribes specified as the “Scheduled Castes” in the Presidential List notified under Article 341. Under the guise of providing reservation or under the pretext of taking affirmative action for the weaker of the weakest sections of the society, the State cannot vary, nor tinker the Presidential List.”
Identify and exclude ‘creamy layer’ among SC/ STs from reservation: Supreme Court in Sub-classification of SC/STs Verdict
“The criteria for exclusion of the creamy layer from the SCs and STs for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”
‘Indra Sawhney did not limit sub-classification to OBCs; Sub-classification of SC/STs permissible’: A point wise breakdown of Majority Ruling in SC’s 6:1 Verdict
“Article 341 does not create an integrated homogenous class. Sub-classification within the Scheduled Castes does not violate Article 341(2) because the castes are not per se included in or excluded from the List.”
‘State of Bihar is neither a far flung or remote area nor out of mainstream of national life’; Patna HC sets aside 2023 Amendment Acts increasing reservation for SCs, STs, and Backward Classes to 65%
The Court noted that after the collection of data for Caste survey, there was a frog leap into the amendment enhancing the reservations beyond 50%, which was on proportionate representation in the services of the State and educational institutions, which was clearly not permissible under Articles 15(4) and 16(4).
Patna HC strikes down laws increasing reservation for SC, ST & OBC to 65% in jobs and education
The Bihar Reservation (for Scheduled Castes, Scheduled Tribes, and Other Back Classes) (Amendment) Act, 2023, and the Bihar (in admission in educational institutions) Reservation (Amendment) Act, 2023 were challenged for breaching the 50% limit in reservation.
Supreme Court grants bail to accused imprisoned for attempt to murder for past 6 months
Supreme Court directed that the accused be released on bail on such terms and conditions as may be imposed by the Trial Court in connection with FIR.
Prashanto Chandra Sen highlights the intricacies of legal profession
Interviewed by Anish Mishra
Socialization of offspring of inter-caste couples not necessarily more attached to father: Kerala High Court directs KIRTADS to reconsider the matter
Kerala High Court pointed out that KIRTADS proceeded on general statements that generally in case of inter-caste marriage, the socialization process of the offspring of such couples is more attached to the high ranked father.
Does ‘Caste based insult’ include calling person belonging to Scheduled Caste or Tribe “Bewakoof”, “Murkh”, “Chor”? Supreme Court answers
The Supreme Court observed that it is desirable that before an accused is subjected to a trial for alleged commission of offence under section 3(1)(x), the utterances made by him in any place within public view are outlined, if not in the F.I.R., but at least in the charge-sheet so as to enable the court to ascertain whether the charge sheet makes out a case of an offence.
Supreme Court | Non- Tribals can settle down and vote in Scheduled Areas
Supreme Court held that the power of the Governor under Clause 5 of the Fifth Schedule does not supersede the Fundamental Rights under Part III of the Constitution of India.
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Jharkhand High Court acknowledges customary provision for adoption of child in Santhal Community
Jharkhand High Court refused to disturb the findings of Trial Court and Appellate Court in a title suit for succession by an adopted son, whose adoption was questioned on the ground of customary provisions of Santhals.