'...the creamy layer rule is a necessary bargain between the competing ends of caste based reservations and the principle of secularism... it would be desirable to keep in hold the operation of the Act so far as it relates to Section 6 thereof for th
The Ninth Schedule Judgement: Part 5 of 7—every addition to the Ninth Schedule triggers Article 32 as part of the basic structure and is consequently subject to the review of the fundamental rights as they stand in Part III.
The Ninth Schedule Judgement: Part 3 of 7—The separation of powers between Legislature, Executive and the Judiciary constitutes basic structure, has been found in Kesavananda Bharati's case by the majority.
It is fairly well settled that the exercise or non-exercise of pardon power by the President or Governor, as the case may be, is not immune from judicial review. Limited judicial review is available in certain cases.