Ashoka Kumar Thakur Vs. Union of India and Ors -- summary of judgement by Justice Dr Arijit Pasayat and C.K. Thakker
'...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
<b>Part 1 of 7:</b> Order of reference, the broad question, Development of the Law, Constitutional Amendment of Ninth Schedule
<b>The Ninth Schedule Judgement: Part 2 of 7:</b> Article 32, Principles of Construction, Common Law Constitutionalism, Principles of Constitutionality
<b>The Ninth Schedule Judgement: Part 3 of 7</b>—The separation of powers between Legislature, Executive and the Judiciary constitutes basic structure, has been found in Kesavananda Bharati's case by the majority.
<b>The Ninth Schedule Judgement: Part 4 of 7</b>—the main thrust of the argument of the petitioners and the Validity of 31B
<b>The Ninth Schedule Judgement: Part 5 of 7</b>—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.
<b>The Ninth Schedule Judgement: Part 6 of 7</b>—extent and context, exclusion and application of doctrine of basic structure
<b>The Ninth Schedule Judgement: Part 7 of 7</b>
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.
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