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The State of Tripura & Ors. v. Jayanta Chakraborty & Ors. (and a large batch of tagged SC/ST promotion-quota matters)

Civil Appeal · 2017 INSC 1113Decided 14 Nov 2017
Civil Appeal Nos. 4562-4564 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

This is a referral order, not a final judgment. A large batch of matters, led by the State of Tripura's appeals, concerned reservation in promotions for Scheduled Castes and Scheduled Tribes. The cases turned on how three Constitution Bench rulings, Indra Sawhney, E.V. Chinnaiah and M. Nagaraj, fit together.

Decision Breakdown

This is a referral order, not a final judgment. The Court noted the significance of the issue and the apparent tension between the rulings, particularly that Chinnaiah was not considered in Nagaraj. It held that the case must be heard by a Bench as required by Article 145(3) of the Constitution and directed that the files be placed before the Chief Justice of India to constitute a larger Bench. It declined to grant interim relief, holding that even that question should be decided by the Constitution Bench.

Lesson Learnt

There is no final ruling yet on how reservation in promotions for Scheduled Castes and Scheduled Tribes is to be tested. The question is pending before a Constitution Bench.

Official source (sci.gov.in)View Judgment (PDF)

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