What is Supreme Court Judgement on SC ST act?

What is Supreme Court Judgement on SC ST act?

THE SUPREME Court on Monday ruled that its inherent powers under Article 142 of the Constitution or that of the High Court under Section 482 of the Code of Criminal Procedure can be invoked to quash proceedings under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act), 1989.

What is the ceiling limit fixed for reservation as per the relevant judgments of the Supreme Court?

50 percent
The above Constitutional Amendment makes it very clear that ceiling of 50 percent “has now received Constitutional recognition.” Ceiling of 50 percent is ceiling which was approved by this Court in Indra Sawhney’s case, thus, the Constitutional Amendment in fact recognize the 50 percent ceiling which was approved in …

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In which case did the Supreme Court decided that the creamy layer Cannot be given reservation in the OBC category?

This led to the Indra Sawhney-II case, reported in 2000. In this, the court went to the extent of determining the ‘creamy layer’ among backward classes.

What is the punishment for atrocity?

For offences under section 3(2)(iii), the punishment is between six months to seven years with fine. For offences under section 3(2)(iv), the punishment is imprisonment for life with a fine. For offences under section 3(2) (iv), (v), the punishment is imprisonment for life with fine.

Can quash SC ST act?

NEW DELHI: The Supreme Court has said oppression of SCs and STs by upper castes is a “depressing reality” but ruled that if a fair compromise is reached between the victim and the accused prior to conviction under the SC-ST Act attaining finality, the constitutional courts have inherent powers to quash the case.

What is the reservation for SC ST?

2.2 There shall be a reservation of 16.66 per cent for the members of the Scheduled Castes, 7.5 per cent for the members of the Scheduled Tribes and 25.84 per cent for the members of the Other Backward Classes in the matter of appointment by direct recruitment to civil posts and civil services on all India basis …

Is there reservation in promotion for SC ST?

From the very beginning of service rules, the AG said, a roster system has been followed to provide for reservation for SC/STs and other backward classes (OBCs), limited to 50\% of the total posts.

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In which year the Supreme Court in its judgement upheld the reservation policy on caste basis?

Court cases related to reservation in India

Case Ruling
M. Nagraj & Others v. Union of India and Others AIR 2007 SC 71 Upheld the constitutionality of the 85th amendment.
S. Vinodkumar v. Union of India 1996 6 SCC 580 It is not permissible to relax standards of evaluation in matters of reservation in promotion

Does creamy layer apply to SC ST?

“The total Scheduled Caste “Group A” and “Group B” employment in the public sector is about 3,38,606. Their political representation in the Legislatures is about a thousand individuals. This is the Creamy Layer of Scheduled Castes.

How is creamy layer decided?

Creamy layer is based on the status of your parents. For the jobs under the Central Government, if the parents of an applicant entered the service as Class I officer before the age 40 (direct recruitment), the applicant is considered as a creamy layer.

Is SC ST Act applicable on SC St?

The Supreme Court today held that insulting or intimidating a person belonging to Scheduled Caste or Scheduled Tribe (SC/ST) community will not by itself amount to an offence under the SC and ST (Prevention of Atrocities) Act unless such insult or intimidation is on account of victim belonging to SC/ST community ( …

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What is the current status of the SC/ST case?

In the SC/ST case, a Bench of Justice Adarsh Goel and Justice U U Lalit had admitted a review of the March 20, 2018 judgment in Subhash Kashinath Mahajan vs State of Maharashtra.

Are some Scheduled Castes grossly under-represented despite reservation?

States have argued that among the Scheduled Castes, there are some that remain grossly under-represented despite reservation in comparison to other Scheduled Castes. This inequality within the Scheduled Castes is underlined in several reports, and special quotas have been framed to address it.

What is the history of the SC quota in Andhra Pradesh?

In 2000, the Andhra Pradesh legislature, based on the findings of Justice Ramachandra Raju, passed a law reorganising 57 SCs into sub-groups and split the 15\% SC quota in educational institutions and government jobs in proportion to their population.

What are the responsibilities of the judicial branch in South Carolina?

Further, the Chief Justice, as the administrative head of the Judicial Branch, is responsible for administering the courts, setting the terms of court and assigning judges to preside at those terms. Bar Admissions and Discipline of Lawyers and Judges: The Supreme Court is responsible for admitting persons to practice law in South Carolina.