139-467: The Other Backward Class ( OBC ) is a collective term used by the Government of India to classify communities that are "educationally or socially backward" (i.e., disadvantaged). It is one of several official classifications of the population of India, along with general castes , Scheduled Castes and Scheduled Tribes (SCs and STs). The OBCs were found to comprise 52% of the country's population by
278-461: A writ petition at the filing counter of the court or by addressing a letter to the Chief Justice of India , highlighting the question of public importance for redress. These are known as public interest litigations . India has a quasi-federal form of government, called "union" or "central" government, with elected officials at the union, state and local levels. At the national level,
417-570: A NDA -led government (a coalition of the BJP and its allies) since 2014. The prime minister and their senior ministers belong to the Union Council of Ministers —its executive decision-making committee being the cabinet . The government, seated in New Delhi , has three primary branches: the legislative, the executive and the judiciary, whose powers are vested in a bicameral Parliament ,
556-479: A Prime Minister and a Governor-General as the viceregal representative of the head of state, George VI . Its unicameral legislature, the Constituent Assembly , was tasked with drafting the country's constitution. The Constitution of India came into effect on 26 January 1950 , making India a republic with a president as head of state, replacing the monarch and his viceregal representative,
695-621: A constitution bench ) when required to settle fundamental questions of law. A bench may refer a case before it to a larger bench, should the need arise. The largest-ever bench at the Supreme Court of India has been constituted in 1973 in Kesavananda Bharati v. State of Kerala . A bench of 13 judges was set up to decide whether Parliament had the unfettered right to amend the Constitution, which eventually gave rise to
834-519: A prime minister , and the Supreme Court respectively, with a president as head of state. The Council of Ministers are responsible to the House in which they sit, they make statements in that House and take questions from fellow members of that House. For most senior ministers this is usually the directly elected Lok Sabha rather than the (mostly) indirectly elected Rajya Sabha . As
973-456: A child upholding the law of the country shown in the form of an open book, with the symbol of the balance representing law and justice’’. The official account states that it represents a ‘‘dispensation of equal justice to all’’. The black bronze sculpture has been placed at the center of the park on the lawn of the Court just behind the statue of Mahatma Gandhi, which is in front of the staircase of
1112-414: A commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes (SEBC) within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the union or any state to remove such difficulties and as to improve their condition and as to the grants that should be made, and
1251-564: A constitutional crisis. Thus, in practice, the Council of Ministers cannot be dismissed as long as it holds the support of a majority in the Lok Sabha . The President is responsible for appointing many high officials in India. These high officials include the governors of the 28 states ; the chief justice ; other judges of the supreme court and high courts on the advice of other judges;
1390-429: A judicial committee would be formed to frame charges against the judge, to conduct the fair trial and to submit its report to parliament. When the judicial committee report finds the judge guilty of misbehaviour or incapacity, further removal proceedings would be taken up by Parliament if the judge is not resigning himself. The judge upon proven guilty is also liable for punishment per applicable laws or for contempt of
1529-490: A member of one of the houses of the parliament. The cabinet is headed by the prime minister , and is advised by the cabinet secretary , who also acts as the head of the Indian Administrative Service and other civil services. Other members of the council are either union cabinet ministers, who are heads of various ministries; or ministers of state, who are junior members who report directly to one of
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#17327809603631668-1325: A nationally recognized OBC in the NCBC central list may be so recognized only in specific states or only in limited areas within specific states. Occasionally, it is not an entire community that is thus classified but rather some parts within it. As of 2023, Maharashtra has the highest number of OBC castes listed under Central List of OBCs, followed by Odisha, Karnataka and Tamil Nadu. The Karnataka State Government has issued notification granting OBC reservation benefits to Brahmin Christian , Kuruba Christian, Madiga Christian, Akkasali Christian, Sudri Christian, Scheduled Caste converted to Christianity, Setty Balija Christian, Nekara Christian, Paravar Christian and Lambani Christian. The Kerala government grants OBC reservation benefits to Latin Catholics of Kerala , Anglo Indians and Nadar Christians included in South India United Church (SIUC). The Government of Maharashtra grants OBC reservation benefits to East Indian Catholics . Government of India The Government of India ( ISO : Bhārata Sarakāra, legally
1807-413: A permanent secretariat to help the collegium sift through material on potential candidates, infusing more transparency into the selection process, grievance redressal and any other suggestion not in these four categories, like transfer of judges. This resulted in the court asking the government and the collegium to finalize the memorandum of procedure incorporating the above. In 2009, a challenge arose in
1946-406: A person belonging to OBC with an annual family income of up to Rs 1.5 million should be considered as minimum ceiling for OBC. NCBC also recommended sub-division of OBCs into 'backward', 'more backward' and 'extremely backward' blocs and divide 27% quota amongst them in proportion to their population, to ensure that stronger OBCs don't corner the quota benefits. In August 2017, NDA government announced
2085-481: A quarter of the 543 elected members of parliament had been charged with crimes, including murder. Many of the biggest scandals since 2010 have involved high-level government officials, including cabinet ministers and chief ministers, such as the 2010 Commonwealth Games scam ( ₹ 700 billion (equivalent to ₹ 1.6 trillion or US$ 19 billion in 2023)), the Adarsh Housing Society scam ,
2224-405: A reply to a question in Lok Sabha , Union Minister Jitendra Singh informed that as of January 2016, the percentage of OBCs in central government jobs is 21.57%. There existed a huge disparity among various castes and communities classified as Other Backward Class, even before the implementation of the reservation policy in government jobs and educational institutions, as per the recommendation of
2363-475: A reply to a question in Lok Sabha , Union Minister Jitendra Singh informed that as of January 2016, the percentage of OBCs in central government services is 21.57% and has shown an increasing trend since September 1993. Likewise, in 2015, at educational institutions, funds meant for OBC students under the reservation policy were not used properly or were underused in cases of upgrading infrastructure as well as in violation of faculty recruitment of OBCs according to
2502-521: A republic. With expansive authority to initiate actions and wield appellate jurisdiction over all courts and the ability to invalidate amendments to the constitution, the Supreme Court of India is widely acknowledged as one of the most powerful supreme courts in the world. In 1861, the Indian High Courts Act 1861 was enacted to create high courts for various provinces and abolish Supreme Courts at Calcutta, Madras and Bombay and also
2641-438: A thorough consultation occurred within the collegium to form this opinion, the content or material considered in shaping the opinion was not subject to scrutiny in a court of law. Judges of the Supreme Court in India currently conclude their service upon reaching the age of 65. Nevertheless, there have been proposals put forth by Supreme Court judges advocating for the implementation of a predetermined tenure for judges, including
2780-513: A vote in the house where he is not a member. A secretary to the Government of India , a civil servant , generally an Indian Administrative Service (IAS) officer, is the administrative head of the ministry or department, and is the principal adviser to the minister on all matters of policy and administration within the ministry/department. Secretaries to the Government of India rank 23rd on Indian order of precedence . Secretaries at
2919-541: A whole is responsible to the Lok Sabha. The Lok Sabha is a temporary house and can be dissolved only when the party in power loses the support of the majority of the house. The Rajya Sabha is a permanent house and can never be dissolved. The members of the Rajya Sabha are elected for a six-year term. The executive of government is the one that has sole authority and responsibility for the daily administration of
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#17327809603633058-481: Is bicameral in nature, with the Lok Sabha being the lower house , and the Rajya Sabha the upper house . The judiciary systematically contains an apex supreme court , 25 high courts , and hundreds of district courts , all subordinate to the supreme court. The basic civil and criminal laws governing the citizens of India are set down in major parliamentary legislation, such as the civil procedure code ,
3197-465: Is considered the lower house . The parliament does not have complete control and sovereignty , as its laws are subject to judicial review by the Supreme Court . However, it does exercise some control over the executive . The members of the Council of Ministers , including the prime minister , are either chosen from parliament or elected there within six months of assuming office. The council as
3336-448: Is currently assisted by 10 registrars, several additional and deputy registrars, etc. Article 146 of the Constitution deals with the appointments of officers and servants of the Supreme Court registry. Supreme Court Rules, 2013 entitle only those advocates who are registered with the Supreme Court, called advocates-on-record to appear, act and plead for a party in the court. Those advocates who are designated as 'senior advocates' by
3475-553: Is more than 1,000-pages long and is divided in two parts- the first part deals with how the OBC quota should be allocated; and the second part is an updated list of all 2,633 OBC castes across India. The term creamy layer was first coined by Justice Krishna Iyer in 1975 in the State of Kerala vs NM Thomas case, wherein he observed that "the danger of 'reservation', it seems to me, is three-fold. Its benefits, by and large, are snatched away by
3614-482: Is nondescript, but the mother’s resemblance to Mrs. Indira Gandhi is discernible even to the ordinary eye not trained for appreciating the nuances of sculpture’’. As the statue was put up in the year 1978, the post-emergency period of India, they contended that it is symbolic of perversity and is based on the theme of the mother-and-son cult built up during the Emergency (India) period. Different interpretations of
3753-548: Is reproduced from the wheel that appears on the Sarnath Lion capital of Ashoka with 24 spokes. The inscription in Sanskrit , " यतो धर्मस्ततो जयः " ( IAST : Yato Dharmastato Jayaḥ ,) means "whence justice (dharma), thence victory". It is also referred as the wheel of righteousness, encompassing truth, goodness and equity . On 1 September 2024, the Supreme Court unveiled a flag for the Court's use, combining elements of
3892-597: Is the ex-officio head of the Civil Services Board, the Cabinet Secretariat , the Indian Administrative Service (IAS) and the head of all civil services under the rules of business of the government. The cabinet secretary is generally the senior-most officer of the Indian Administrative Service . The cabinet secretary ranks 11th on the Indian order of precedence . The cabinet secretary
4031-411: Is the case in most parliamentary systems, the government is dependent on Parliament to legislate, and general elections are held every five years to elect a new Lok Sabha . The most recent election was in 2024 . After an election, the president selects as prime minister the leader of the party or alliance most likely to command the confidence of the majority of the Lok Sabha . In the event that
4170-403: Is the chief executive of the government and the leader of the majority party that holds a majority in the Lok Sabha. The prime minister leads the executive of the Government of India. The prime minister is the senior member of the cabinet in the executive government in a parliamentary system. The prime minister selects and can dismiss other members of the cabinet; allocates posts to members within
4309-541: Is to act following aid and advice tendered by the Prime Minister, who leads the Council of Ministers as described in Article 74 of the Constitution . The council of ministers remains in power during the 'pleasure' of the president. However, in practice, the council of ministers must retain the support of the Lok Sabha. If a president were to dismiss the council of ministers on his or her initiative, it might trigger
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4448-522: Is under the direct charge of the prime minister . Presently, the Cabinet Secretary of India is Rajiv Gauba , IAS . India's independent union judicial system began under the British, and its concepts and procedures resemble those of Anglo-Saxon countries . The Supreme Court of India consists of the chief justice and 33 associate justices, all appointed by the president on the advice of
4587-458: The Chamber of Princes in the parliament building where the previous Federal Court of India sat from 1937 to 1950. The first Chief Justice of India was H. J. Kania. In 1958, the Supreme Court moved to its present premises. Originally, the Constitution of India envisaged a supreme court with a chief justice and seven judges; leaving it to Parliament to increase this number. In its formative years,
4726-485: The Chief Justice of India and 33 sanctioned other judges, it has extensive powers in the form of original , appellate and advisory jurisdictions . As the final court of appeal of the country, it takes up appeals primarily against verdicts of the high courts of various states of the Union and other courts and tribunals. It safeguards fundamental rights of citizens and settles disputes between various governments in
4865-452: The Chief Justice of India . The jury trials were abolished in India in the early 1960s, after the famous case KM Nanavati v. the State of Maharashtra , for reasons of being vulnerable to media and public pressure, as well as to being misled. Unlike its United States counterpart, the Indian justice system consists of a unitary system at both state and union levels. The judiciary consists of
5004-650: The Coal Mining Scam ( ₹ 1.86 trillion (equivalent to ₹ 4.2 trillion or US$ 50 billion in 2023)), the mining scandal in Karnataka and the cash-for-votes scandal . Supreme Court of India The Supreme Court of India ( ISO : Bhārata kā Sarvōcca Nyāyālaya ) is the supreme judicial authority and the highest court of the Republic of India . It is the final court of appeal for all civil and criminal cases in India. It also has
5143-548: The Code of Civil Procedure . Under Articles 129 and 142 of the Constitution, the Supreme Court has been vested with power to punish anyone for contempt of any court in India including itself. The Supreme Court performed an unprecedented action when it directed a sitting Minister of State in Maharashtra government , Swaroop Singh Naik, to be jailed for 1-month on a charge of contempt of court on 12 May 2006. Article 145 of
5282-588: The Council of State of 60 members (of which 34 were elected and 26 nominated). The next structural modification to the governance of British India , the Government of India Act 1935 (the longest Act of Parliament of the United Kingdom until surpassed by the Greater London Authority Act 1999 ) was aimed at devolution of powers by establishing provincial governments and the creation of civil service institutions . However, it
5421-538: The Governor-General . It was based in large part on the Government of India Act 1935 , which was itself based on the uncodified constitution of the United Kingdom . It also drew notable inspirations from the constitutions of several other Commonwealth dominions and the French , Soviet , Japanese , German and American constitutions. India today prides itself in being the world's largest democracy , and
5560-690: The Green Revolution in India , their landholdings and economic prosperity increased further; they acquired education and became an active participant in government jobs. Further, after the Mandal agitation subsided in North India, OBC leaders gained political power to outnumber the upper caste legislators in most of the north Indian states. This led to the formation of the OBC-led government in many states of North India. They also ended up claiming
5699-487: The Indian Armed Forces . The President of India can grant a pardon to or reduce the sentence of a convicted person once, particularly in cases involving the punishment of death. The decisions involving pardoning and other rights by the president are independent of the opinion of the prime minister or the Lok Sabha majority. In most other cases, however, the president exercises his or her executive powers on
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5838-847: The Mandal Commission report of 1980 and were determined to be 41% in 2006 when the National Sample Survey Organisation took place. There is substantial debate over the exact number of OBCs in India; it is generally estimated to be sizable, but many believe that it is higher than the figures quoted by either the Mandal Commission or the National Sample Survey. In the Indian Constitution , OBCs are described as socially and educationally backward classes (SEBC), and
5977-527: The President of India . Under judicial review, the court invalidates both normal laws as well as constitutional amendments as per the Basic structure doctrine that it developed in the 1960s and 1970s. It is required to safeguard the fundamental rights of citizens and settles legal disputes among the central government and various state governments. Its decisions are binding on other Indian courts as well as
6116-484: The Supreme Court of India , high courts at the state level, and district courts and Sessions Courts at the district level. The Supreme Court of India is situated in New Delhi , the capital region of India . The Supreme Court is the highest judicial forum and final court of appeal under the Constitution of India , the highest constitutional court, with the power of constitutional review . Consisting of
6255-613: The Union Government or Union of India and colloquially known as the Central Government ) is the government of the Republic of India , located in South Asia , consisting of 36 states and union territories . The government is led by the prime minister (currently Narendra Modi since 26 May 2014) who exercises the most executive power and selects all the other ministers . The country has been governed by
6394-571: The attorney general ; the comptroller and auditor general ; the chief election commissioner and other election commissioners ; the chairman and members of the Union Public Service Commission ; the officers of the All India Services ( IAS , IFoS and IPS ) and Central Civil Services in group 'A'; officers of the Indian Armed Forces ; and the ambassadors and high commissioners to other countries on
6533-473: The constitution empowers the union government to levy income tax , tax on capital transactions ( wealth tax , inheritance tax ), sales tax , service tax, customs and excise duties and the state governments to levy sales tax on intrastate sale of goods, taxon entertainment and professions , excise duties on manufacture of alcohol , stamp duties on transfer of property and collect land revenue (levy on land owned). The local governments are empowered by
6672-421: The executive , the legislature , and the judiciary , and powers are vested by the constitution in the prime minister , parliament , and the supreme court , respectively. The president of India is the head of state and the commander-in-chief of the Indian Armed Forces , while the elected prime minister acts as the head of the executive and is responsible for running the Union government. Parliament
6811-516: The head of government , the prime minister , is appointed by the president of India from the party or coalition that has the majority of seats in the Lok Sabha . The members of the Lok Sabha are directly elected for a term of five years by universal adult suffrage through a first-past-the-post voting system. Members of the Rajya Sabha , which represents the states , are elected by the members of State legislative assemblies by proportional representation , except for 12 members who are nominated by
6950-477: The penal code , and the criminal procedure code . Similar to the Union government, individual state governments each consist of executive, legislative and judiciary branches. The legal system as applicable to the Union and individual state governments is based on the English common and Statutory Law . The full name of the country is the Republic of India . India and Bharat are equally official short names for
7089-671: The prime minister is not a member of either House upon appointment, he/she is given six months to be elected to either House of Parliament . The first seeds of responsible government during British colonial rule in India were sown by the Indian Councils Act 1909 , commonly known as the Morley - Minto reforms. The Act introduced elections to the Imperial Legislative Council (then the unicameral Legislature for British India). Before that, governance
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#17327809603637228-596: The " Creamy layer " should be excluded by government-funded institutions and by private institutions from the scope of the reservation policy. The verdict produced mixed reactions from supporting and opposing quarters. Several criteria to identify the portion of the population comprising the "creamy layer" have been recommended, including the following: In March 2015, Supreme Court of India scrapped Jat Reservations saying that Jats are not socially and economically backward in reference with National Commission for Backward Classes ' (NCBC) opinion. Supreme Court judgement quashed
7367-469: The 1931 census could not be a determinative factor for identifying the OBCs to provide reservation. The court also observed, "Reservation cannot be permanent and appear to perpetuate backwardness". On 10 April 2008, the Supreme Court of India upheld the government's initiative of 27% OBC quotas in government-funded institutions. The Court has categorically reiterated its prior stand that those considered part of
7506-666: The 49% reservation policy. Until 1985, the affairs of the Backward Classes were looked after by the Backward Classes Cell in the Ministry of Home Affairs . A separate Ministry of Welfare was established in 1985 (renamed in 1998 the Ministry of Social Justice and Empowerment) to attend to matters relating to Scheduled Castes, Scheduled Tribes and OBCs. The Backward Classes Division of the Ministry looks after
7645-469: The 4th largest economy in the world. Even though much remains to be done, especially in regard to eradicating poverty and securing effective structures of governance, India's achievements since independence in sustaining freedom and democracy have been singular among the world's new nations. The Government of India is modelled after the Westminster system . The Union government is mainly composed of
7784-548: The Backward Class in the political structure of the state in a way that socio-political movement of any kind was prevented from taking place. Adjacent is the distribution of population of each religion by caste categories, obtained from merged sample of Schedule 1 and Schedule 10 of available data from the National Sample Survey Organisation 55th (1999–2000) and National Sample Survey Organisation 61st Rounds (2004–05) Round Survey. The First Backward Classes Commission
7923-631: The Basic Structure doctrine. A citizen of India not exceeding 65 years age per Article 124 of the Constitution who has been: is eligible to be recommended for appointment, a judge of the Supreme Court. I am proud to be an Indian. India is the only country where a member of the minority Parsi community with a population of 1,67,000, like myself, can aspire to attain the post of the Chief Justice of India. These things do not happen in our neighbouring countries. In practice, judges of
8062-500: The Chief Justice of India (CJI) is designated to preside over all special leave petitions (SLPs) and cases concerning public interest, social justice, elections, arbitration, criminal matters, and more. Other members of the collegium or senior judges are tasked with hearing cases related to labour disputes, taxation, compensation, consumer protection, maritime law, mortgage, personal law, family law, land acquisition, service, company matters, and other relevant areas. Supreme Court Reports
8201-426: The Chief Justice of India. Article 125 of the Indian constitution leaves it to the Indian parliament to determine the salary, other allowances, leave of absence, pension, etc. of the Supreme Court judges. However, the parliament cannot alter any of these privileges rights to the judge's disadvantage after his/her appointment. A judge of the Supreme Court draws a salary of ₹ 250,000 (US$ 3,000) per month—equivalent to
8340-406: The Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws. Article 124(4) of the constitution, President of India can remove a judge on
8479-506: The Directive Principles. It ensures that-"the state /judiciary shall strive to promote the welfare of the people by securing a social order in which social , economic and political justice is animated/informed in all institutions of life." B. R. Ambedkar clarified as given below in the Constituent Assembly debates on Article 38 (1) highlighting its inevitable implementation. ... The word 'strive' which occurs in
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#17327809603638618-535: The Draft Constitution, in judgement, is very important. We have used it because our intention is even when there are circumstances which prevent the Government, or which stand in the way of the Government giving effect to these Directive Principles, they shall, even under hard and unpropitious circumstances, always strive in the fulfilment of these Directives. That is why we have used the word 'strive'. Otherwise, it would be open for any Government to say that
8757-479: The Government of India is enjoined to ensure their social and educational development — for example, the OBCs are entitled to 27% reservations in public sector employment and higher education. The list of OBCs maintained by the Indian Ministry of Social Justice and Empowerment is dynamic, with castes and communities being added or removed depending on social, educational, and economic factors. In
8896-462: The Government; is the presiding member and chairman of the cabinet and is responsible for bringing a proposal of legislation. The resignation or death of the prime minister dissolves the cabinet. The prime minister is appointed by the president to assist the latter in the administration of the affairs of the executive. The Union Council of Ministers includes the prime minister, Cabinet Ministers and Ministers of State (MoS). Each minister must be
9035-504: The Indian Constitution grants the Supreme Court the authority to create its own rules, subject to presidential approval, to govern the practice and procedures of the court. These rules have been revised and published three times, first in 1950, then in 1966, and most recently in 2013. From 5 February 2018 onwards, the Supreme Court adopted a fresh roster system for assigning cases to judges. According to this new arrangement,
9174-458: The Indian Constitution grants the Supreme Court the authority to reevaluate its own decisions. According to this article, the Supreme Court can review any judgment or order it has previously pronounced. This power is subject to any laws created by Parliament or rules established under Article 145. The Supreme Court holds the ability to invalidate parliamentary and governmental decisions if they violate fundamental features. Additionally, it can overturn
9313-473: The Mandal Commission report. While a major section of Other Backward Castes was extremely backward, there existed a section that owned considerable land and employed Scheduled Castes (SC) as agricultural labourers. In the agitation for implementation of the report of Mandal Commission, Scheduled Castes supported the Other Backward Castes, but after the implementation of these recommendations on
9452-484: The Republic of India in the Constitution, and both names appears on legal banknotes, in treaties and in legal cases. The terms "Union government", "central government" and " bhārat sarkār " are often used officially and unofficially to refer to the government of India. The term New Delhi is commonly used as a metonym for the Union government, as the seat of the central government is in New Delhi . The powers of
9591-465: The Supreme Court building in the front lawn. The statue, when it was being put in the Court premises, led to protests by advocates of the Court in 1978 and a demand was made for its removal. A memorandum was submitted to the then law minister Shanti Bhushan , which stated that ‘‘the statue is supposedly a symbol and inspiration for the highest institution of justice, the Supreme Court….The child
9730-451: The Supreme Court have been selected so far, mostly from amongst judges of the high courts. Barely nine justices— S. M. Sikri , S. Chandra Roy , Kuldip Singh , Santosh Hegde , R. F. Nariman , U. U. Lalit , L. Nageswara Rao , Indu Malhotra and P. S. Narasimha —have been appointed to the Supreme Court directly from the bar (i.e., who were practising advocates). The Supreme Court saw its first woman judge when Justice M. Fathima Beevi
9869-488: The Supreme Court met from 10 to 12 in the morning and then from 2 to 4 in the afternoon for 28 days per month. The emblem of the Supreme Court represents the Lion capital of Ashoka at Sarnath , with a topmost wheel featuring 32 spokes. The Supreme Court of India was constituted as per Chapter IV of Part V of the Constitution of India. The fourth Chapter of the Indian Constitution is " The Union Judiciary". Under this Chapter,
10008-545: The Supreme Court of India is vested with all Jurisdiction. The law declared by the Supreme Court is binding on all courts in the country. Presently, the Members of Collegium are: The building is shaped to symbolize scales of justice with its centre-beam being the Central Wing of the building, consisting of the Chief Justice's court, the largest of the courtrooms, with two court halls on either side. The Right Wing of
10147-419: The Supreme Court or any of the high courts can appear for clients along with an advocate-on-record. Any other advocate can appear for a party along with or under instructions from an advocate-on-record. Initially, the Constitution of India provided for a Supreme Court with a chief justice and 7 judges. In the early years, a full bench of the Supreme Court sat together to hear the cases presented before them. As
10286-414: The Supreme Court regarding the recommendation for the appointment of a high court judge made by the collegium of that specific court. The court asserted that the eligibility to become a judge was a factual matter, open to questioning by any individual. On the contrary, the determination of who should become a judge was deemed a matter of opinion and was beyond questioning. The court emphasized that, as long as
10425-518: The Supreme Court, Arun Jaitley, also criticized the appointment of judges in government posts after their retirement. Jaitley famously said:"There are two kinds of judges - those who know the law and those who know the Law Minister. We are the only country in the world where judges appoint judges. Even though there is a retirement age, judges are not willing to retire. Pre-retirement judgements are influenced by post-retirement jobs." Article 137 of
10564-476: The West Wing ;– were added to the complex. 1994 saw the last extension. On 20 February 1978, a black bronze sculpture of 210 cm (6 ft 11 in) height was installed in the lawn of the Supreme Court. The sculpture was made by the renowned artist Chintamoni Kar . The statue, as per its sculptor Kar, reproduces ‘‘ Mother India sheltering young Republic represented by the symbol of
10703-718: The Yadavs were associated with cattle herding in contrast to other upper-OBCs, who were owner cultivators, trespassing into field of landlords and regular struggle with the latter was a challenge for their survival. The mobilisation of Other Backward Class for social-economic ascendancy was not observed at the same pace and in the same manner in different north Indian states. In north India, states like Rajasthan and Madhya Pradesh also have substantial populations of Backward Castes, yet, no movement as seen in states like Bihar took place in these states. Many observers have mentioned that in Bihar,
10842-528: The above scheme of reservation. Although education is considered an important factor in bringing a desired social change, "educational reform" was not within the terms of reference of this commission. To promote literacy the following measures were suggested: In October 2017, the President of India Ram Nath Kovind notified a five-member Commission headed by Delhi High Court 's former Chief Justice G. Rohini under Article 340 of Indian Constitution, to explore
10981-436: The advice of the prime minister. Presently, the President of India is Droupadi Murmu . The vice president is the second-highest constitutional position in India after the president. The vice president represents the nation in the absence of the president and takes charge as acting president in the incident of resignation impeachment or removal of the president. The vice president also has the legislative function of acting as
11120-526: The budget will be presented on the 1st day of February. The budget has to be passed by the Lok Sabha before it can come into effect on 1 April, the start of India's fiscal year . The Union budget is preceded by an economic survey which outlines the broad direction of the budget and the economic performance of the country for the outgoing financial year India's non-development revenue expenditure had increased nearly five-fold in 2003–04 since 1990–91 and more than tenfold from 1985 to 1986. Interest payments are
11259-431: The cabinet ministers, often overseeing a specific aspect of government; or ministers of state (independent charges), who do not report to a cabinet minister. As per article 88 of the constitution, every minister shall have the right to speak in, and to take part in the proceedings of, either house, any joint sitting of the houses, and any committee of parliament of which he may be named a member, but shall not be entitled to
11398-433: The centres of the two semi-circular pans connect to a centrally placed statue of ‘Mother and Child’ in the garden. The foundation stone of the Supreme Court's building was laid on 29 October 1954 by Rajendra Prasad , the first President of India . The main block of the building has been built on a triangular plot of 17 acres and has been designed in an Indo-British style by the chief architect Ganesh Bhikaji Deolalikar ,
11537-422: The chairman of the Rajya Sabha . The vice president is elected indirectly by members of an electoral college consisting of the members of both the houses of the parliament following the system of proportional representation employing the single transferable vote and the voting is by secret ballot conducted by the election commission . The Prime Minister of India , as addressed in the Constitution of India ,
11676-478: The circumstances are so bad, that the finances are so inadequate that we cannot even make an effort in the direction in which the Constitution asks us to go. As per the constitution, as held by the court in the Three Judges Cases – (1982, 1993, 1998), a judge is appointed to the Supreme Court by the president on the recommendation of the collegium — a closed group of the Chief Justice of India,
11815-406: The concept of qualitative exclusion, such as the "creamy layer". The creamy layer is only applicable in the case of Other Backward Castes and not applicable on other groups like SC or ST. The creamy layer criteria were introduced at Rs 100,000 in 1993, and revised to Rs 250,000 in 2004, Rs 450,000 in 2008, and Rs 600,000 in 2013. In October 2015, National Commission for Backward Classes proposed that
11954-410: The constitution and rule of law are the features of the basic structure of the Constitution . The Supreme Court and high courts are empowered to frame suo moto cases without receiving formal petitions/complaints on any suspected injustice, including actions/acts indulging in contempt of court and contempt of the Constitution by the executive, legislators, citizens, etc. It is acknowledged as one of
12093-530: The constitution by breaching the oath under disrespecting constitution A person who has retired as a judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India. However, Supreme Court and high court judges are appointed to various posts in tribunals and commissions, after their retirement. Lawyer Ashish Goel in a recent article criticized this stating that post-retirement benefits for judges hampers judicial independence. Former Law Minister and Senior Advocate of
12232-400: The country. As an advisory court, it hears matters which may specifically be referred to it under the constitution by the president. It also may take cognisance of matters on its own (or 'suo moto'), without anyone drawing its attention to them. The law declared by the supreme court becomes binding on all courts within India and also by the union and state governments. Per Article 142 , it is
12371-457: The creamy layer ceiling in the OBC category from getting reservation in jobs, has been raised from Rs 6 lakh a year to Rs 8 lakh. On 29 March 2007, the Supreme Court of India , as an interim measure, stayed the law providing for 27 percent reservation for Other Backward Classes in educational institutions like IITs and IIMs. This was done in response to a public interest litigation — Ashoka Kumar Thakur vs. Union of India . The Court held that
12510-408: The criteria" to determine backwardness. However, the report was not accepted by the government, which feared that the backward classes excluded from the caste and communities selected by the commission might not be considered, and those in most need would be swamped by the multitudes, thus receiving insufficient attention. The decision to set up a second backward classes commission was made official by
12649-520: The direction of Supreme Court of India , the tension between a section of OBCs and SCs increased. In some states of North India, the Yadavs , Kurmis , and the Koeris , which were called "upper-OBC", were well off, due to ownership of a sizeable amount of land. The abolition of Zamindari system in post-independence India raised many of the members of these communities to the status of landlords. Following
12788-471: The duty of the president to enforce the decrees of the supreme court. In addition, Article 32 of the constitution gives an extensive original jurisdiction to the supreme court concerning enforcing fundamental rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus , mandamus , prohibition , quo warranto and certiorari to enforce them. The supreme court has been conferred with power to direct
12927-503: The figures for most of the Union Territories) in 2006 as per National Commission for Backward Classes . Mandal Commission developed 11 indicators or criteria to identify OBCs, of which four were economic. The National Sample Survey puts the figure at 41%. There is substantial debate over the exact number of OBCs in India, with census data compromised by partisan politics. It is generally estimated to be sizable, but higher than
13066-417: The figures quoted by either the Mandal Commission or and National Sample Survey. Twenty-seven percent of reservations were recommended owing to the legal constraint that the total quantum of reservations should not exceed 50 percent. States that have already introduced reservations for OBC exceeding 27 percent will not be affected by this recommendation. With this general recommendation, the commission proposed
13205-410: The first Sikh Chief Justice of India. Justice Indu Malhotra is the first and only woman judge to be selected directly from the bar. The Constitution seeks to ensure the independence of Supreme Court judges in various ways. Per Article 50 of directive principles of state policy , the state shall take steps to separate the judiciary from the executive. Independence of the judiciary, the supremacy of
13344-551: The first Indian to head the Central Public Works Department . The design of scales of justice was to conform to this triangular site and according to Dr. Rajendra Prasad was the conception of justice for Indians. It has a 27.6 m (90 ft 7 in) high dome and a spacious colonnaded verandah. The court moved into the building in 1958. In 1979, two new wings – the East Wing and
13483-470: The following overall scheme of reservation for OBC: These recommendations in total apply to all recruitment to public sector undertakings, both under the central and state governments as well as to nationalised banks. All private sector undertakings that have received financial assistance from the government in one form or another should also be obliged to recruit personnel on the aforesaid basis. All universities and affiliated colleges should also be covered by
13622-468: The four most senior judges of the court and the senior-most judge hailing from the high court of a prospective appointee. This has resulted in a Memorandum of Procedure being followed, for the appointments. Judges used to be appointed by the president on the advice of the union cabinet . After 1993 (the Second Judges' Case), no minister, or even the executive collectively, can suggest any names to
13761-409: The grounds of proved misbehaviour or incapacity when parliament approves with a majority of the total membership of each house in favour of impeachment and not less than two thirds of the members of each house present. For initiating impeachment proceedings against a judge, at least 50 members of Rajya Sabha or 100 members of Lok Sabha shall issue the notice per Judges (Inquiry) Act, 1968 . Then
13900-435: The high ritual status, which is defined as Sanskritisation . However, the OBC consolidation in some of the states of north India like Bihar , left many other OBC communities away from the development process. The political and economic prosperity was cornered by the dominant Backward Castes like Koeri , Kurmi and Yadav ; this was witnessed in the formation of political blocs in the state after 1995, in which, either side
14039-416: The higher level are assisted by one or many additional secretaries , who are further assisted by joint secretaries . At the middle they are assisted by directors/deputy secretaries and under secretaries. At the lower level, there are section officers, assistant section officers, upper division clerks, lower division clerks and other secretarial staff. The Civil Services of India are the civil services and
14178-628: The idea of OBC sub-categorisation. The National Commission for Backward Classes had recommended it in 2011 and a standing committee too had repeated this. The committee has a three-point mandate: The committee will have to deliver the report within 12 weeks of its constitution. The lower OBCs form around 35% of the population in Uttar Pradesh. OBC sub-categorisation has already been implemented at state level by 11 states: West Bengal, Tamil Nadu, Maharashtra, Andhra Pradesh, Telangana, Karnataka, Jharkhand, Bihar, Jammu and Kashmir region and Haryana, and
14317-573: The impeachment process of the President and Judges, as decided by Parliament, based on constitutional validity or fundamental features. Under Order XL of the Supreme Court Rules, that have been framed under its powers under Article 145 of the constitution, the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of
14456-519: The legislature in India are exercised by the Parliament , a bicameral legislature consisting of the Rajya Sabha and the Lok Sabha . Of the two houses of parliament, the Rajya Sabha (or the 'Council of States') is considered to be the upper house and consists of members appointed by the president and elected by the state and territorial legislatures . The Lok Sabha (or the 'House of the People')
14595-466: The most autonomous judiciaries in the entirety of Southeast Asia. The main purpose of the Supreme Court is to decide constitutional issues. It is the duty of the judiciary to frame suo moto cases or to probe cases/petitions at the earliest against the executive or legislature when laws are implemented which violate the basic foundation and structure of the Constitution as stated in Article 38 (1) of
14734-411: The most-senior civil servant of the Indian government , Cabinet Secretary of India —while the chief justice earns ₹ 280,000 (US$ 3,400) per month. Per Article 124 and third Schedule of the constitution, the chief justice (or a judge) of the Supreme Court of India is required to make and subscribe in the presence of the president an oath or affirmation that they will bear true faith and allegiance to
14873-449: The order appointing such commission shall define the procedure to be followed by the commission. ... A commission so appointed shall investigate the matters referred to them and present to the president a report setting out the facts as found by them and making such recommendation as they think proper. A 1992 decision of the Supreme Court of India resulted in a requirement that 27% of civil service positions be reserved for members of OBCs. In
15012-402: The people themselves. But the handful of ministers is not expected to deal personally with the various problems of modern administration. Thus the ministers lay down the policy and it is for the civil servants to enforce it. The cabinet secretary ( IAST : Maṃtrimaṇḍala Saciva ) is the top-most executive official and senior-most civil servant of the Government of India. The cabinet secretary
15151-461: The permanent bureaucracy of India. The executive decisions are implemented by the Indian civil servants. In the parliamentary democracy of India, the ultimate responsibility for running the administration rests with the elected representatives of the people which are the ministers. These ministers are accountable to the legislatures which are also elected by the people based on universal adult suffrage . The ministers are indirectly responsible to
15290-596: The policy, planning, and implementation of programmes relating to social and economic empowerment of OBCs, and matters relating to two institutions set up for the welfare of OBCs, the National Backward Classes Finance and Development Corporation and the National Commission for Backward Classes . Under Article 340 of the Indian Constitution, the government must promote the welfare of the OBCs. The president may by order appoint
15429-482: The power of judicial review . The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original , appellate and advisory jurisdictions . As the apex constitutional court, it takes up appeals primarily against verdicts of the High Courts of various states and tribunals. As an advisory court, it hears matters which are referred by
15568-654: The president on 1 January 1979. The commission is popularly known as the Mandal Commission, its chairman being B. P. Mandal , submitted a report in December 1980 that stated that the population of OBCs, which includes both Hindus and non-Hindus, was around 52 percent of the total population according to the Mandal Commission. The number of backward castes and communities was 3,743 in the initial list of Mandal Commission set up in 1979–80. The number of backward castes in Central list of OBCs has now increased to 5,013 (without
15707-428: The president, who ultimately decides on appointing them from a list of names recommended only by the collegium of the judiciary. Simultaneously, as held in that judgment, the executive was given the power to reject a recommended name. The collegium system has come under a fair amount of criticism. In 2015, Parliament passed a law to replace the collegium with a National Judicial Appointments Commission (NJAC). This
15846-419: The president. India is currently the largest democracy in the world, with around 900 million eligible voters, as of 2019. In India, power is divided between the governments of the union and the states of India , the latter being ruled by the chiefs ministers . The state legislature is bicameral in five states and unicameral in the rest. The lower house is elected with a five-year term, while in
15985-462: The proposed inclusion of Jats in Central list of OBCs on the basis that Jats are already given OBC status in 9 States. On 21 July 2015, Supreme Court rejected Centre's review plea for its verdict of quashing Jat reservation in OBCs. Lists of OBCs are maintained by both the National Commission for Backward Classes and the individual states. The central list does not always reflect the state lists, which can differ significantly. A community identified as
16124-469: The recommendations of the Council of Ministers, among others. The President, as the head of state , also receives the credentials of ambassadors from other countries, while the prime minister , as head of government , receives credentials of high commissioners from other members of the Commonwealth , in line with historical tradition. The President is the de jure commander-in-chief of
16263-537: The s adar adalats in presidency towns in their respective regions. These new high courts had the distinction of being the highest courts for all cases till the creation of the Federal Court of India under the Government of India Act 1935 . The Federal Court had the jurisdiction to solve disputes between provinces and federal states and hear appeals against judgement of the high courts. The first CJI of India
16402-531: The seal and the Court's architecture. The flag is a deep blue colour and depicts the Ashoka Chakra set above the rotunda of the Court. The flag also features the Constitution of India. The flag was inaugurated by President of India Droupadi Murmu on September 1, 2024, commemorating the 75th anniversary of supreme court. The registry of the Supreme Court is headed by the Secretary-General, who
16541-494: The single largest item of expenditure and accounted for more than 40% of the total non-development expenditure in the 2003–04 budget. Defence expenditure increased fourfold during the same period and has been increasing to defend from a difficult neighbourhood and external terror threats. In 2020–21, India's defence budget stood at ₹ 4.71 trillion (equivalent to ₹ 5.5 trillion or US$ 66 billion in 2023). In 2009, several ministers are accused of corruption and nearly
16680-413: The state bureaucracy. The division of power into separate branches of government is central to the republican idea of the separation of powers . The executive power is vested mainly in the President of India , as per Article 53(1) of the constitution. The president has all constitutional powers and exercises them directly or through subordinate officers as per the aforesaid Article 53(1). The president
16819-405: The state government to levy property tax and charge users for public utilities like water supply , sewage etc. More than half of the revenues of the union and state governments come from taxes, of which 3/4 come from direct taxes . More than a quarter of the union government's tax revenues are shared with the state governments. The tax reforms, initiated in 1991, have sought to rationalise
16958-409: The statue came from advocates, one said, ‘it’s like Indira mothering the judges and telling them you practice justice like I tell you to’, while the other said, ‘symbolizing justice is terribly conservative as justice is constantly changing’. Later on, though the advocates submitted an apology memorandum after they got to know that the maquette was made in the year 1969. The design of the Court's seal
17097-514: The structure has the Bar, consisting of rooms, the offices of the Attorney General of India and other law officers and the library of the court. The Left Wing has the offices of the court. In all, there are 15 courtrooms in the various wings of the building. These two wings act as the two limbs of the balance and end with two semi-circular hooks that represent the pans of the balance, and
17236-456: The tax structure and increase compliance by taking steps in the following directions: The non-tax revenues of the central government come from fiscal services, interest receipts, public sector dividends, etc., while the non-tax revenues of the States are grants from the central government, interest receipts, dividends and income from general, economic and social services. Inter-state share in
17375-469: The top creamy layer of the 'backward' caste or class, thus keeping the weakest among the weak always weak and leaving the fortunate layers to consume the whole cake". 1992 Indra Sawhney & Others v. Union of India judgment laid down the limits of the state's powers: it upheld the ceiling of 50 percent quotas, emphasized the concept of "social backwardness", and prescribed 11 indicators to ascertain backwardness. The nine-judge Bench judgement also established
17514-480: The transfer of any civil or criminal case from one state high court to another state high court, or from a Court subordinate to another state high court and the supreme court. Although the proceedings in the supreme court arise out of the judgment or orders made by the subordinate courts, of late the supreme court has started entertaining matters in which the interest of the public at large is involved. This may be done by any individual or group of persons either by filing
17653-538: The union and state governments. As per the Article 142 of the Constitution, the court has the inherent jurisdiction to pass any order deemed necessary in the interest of complete justice which becomes binding on the President to enforce. The Supreme Court replaced the Judicial Committee of the Privy Council as the highest court of appeal since 28 January 1950, two days after India was declared
17792-554: The union tax pool is decided by the recommendations of the Finance Commission to the president. Total tax receipts of Centre and State amount to approximately 18% of national GDP. This compares to a figure of 37–45% in the OECD. The Finance minister of India usually presents the annual union budget in the parliament on the last working day of February. However, for the F.Y. 2017–18, this tradition had been changed. Now
17931-516: The union territory of Puducherry. The term of the commission has been extended to 31 May 2019. Its report stated that prime beneficiaries of 97% OBC reservation include Yadav, Kurmi, Jat (Jats of Rajasthan except those of Bharatpur and Dholpur district are in Central OBC list), Saini, Thevar, Ezhava and Vokkaliga castes. After 13 extensions to its tenure, Rohini Commission submitted its report to President Droupadi Murmu on 31 July 2023. The report
18070-399: The upper OBCs viz. Koeri, Kurmi, and Yadav's political ascendancy went hand in hand with land reforms and peasant movements, benefitting these three castes. These movements changed not only their political position but also their socio-economic profile. However, in the case of Madhya Pradesh, the national political parties like Bharatiya Janata Party and Indian National Congress accommodated
18209-411: The upper house one-third of the members in the house gets elected every two years with six-year terms. Local governments function at the basic level. It is the third level of government apart from union and state governments. It consists of panchayats in rural areas and municipalities in urban areas. They are elected directly or indirectly by the people. India has a three-tier tax structure, wherein
18348-493: The work of the Court increased and cases began to accumulate, Parliament increased the number of judges (including the Chief Justice) from the original 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, to 34 in 2019. As the number of the judges has increased, they sit in smaller benches of two or three (referred to as a division bench ) —coming together in larger benches of five or more (referred to as
18487-476: Was H. J. Kania . The Supreme Court of India came into existence on 28 January 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council , which were then at the apex of the Indian court system. The first proceedings and inauguration, however, took place on 28 January 1950 at 9:45 am, when the judges took their seats; which is thus regarded as the official date of establishment. The Supreme Court initially had its seat at
18626-647: Was carried by an all-European Legislative Council and Viceroy's Executive Council . As such, no Indians were represented in government before 1909. India's current bicameral Parliament has its roots in the Government of India Act 1919 , commonly known as the Montagu - Chelmsford reforms, which introduced a greatly expanded Imperial Legislative Council . It comprised a lower house, the Central Legislative Assembly of 145 members (of which 104 were elected and 41 nominated) and an upper house,
18765-479: Was dominated by these three castes. Within this section of OBCs called upper-OBC, there also exists disparity in educational attainment and political mobilisation. While the Yadavs were the biggest beneficiary in political achievements, their political progress didn't improve their position in the caste hierarchy and the spread of education among them also remained less as compared to more educationally advanced communities like Awadhia Kurmi , Koeri and Bania . Since
18904-489: Was established by a presidential order on 29 January 1953 under the chairmanship of Kaka Kalelkar and submitted its report on 30 March 1955. It had prepared a list of 2,399 backward castes or communities for the entire country, of which 837 had been classified as the "most backward". Some of the most notable recommendations of the Kalelkar Commission were: The commission in its final report recommended "caste as
19043-463: Was struck down as unconstitutional by the Supreme Court, in the Fourth Judges' Case , as the new system would undermine the independence of the judiciary. Putting the old system of the collegium back, the court invited suggestions, even from the general public, on how to improve the collegium system, broadly along the lines of – setting up an eligibility criteria for appointments,
19182-413: Was sworn into office in 1989. In 1968, Justice Mohammad Hidayatullah became the first Muslim Chief Justice of India. In 2007, Justice K. G. Balakrishnan became the first judge as well as the Chief Justice of India from the dalit community. In 2010, Justice S. H. Kapadia coming from a Parsi minority community became the Chief Justice of India. In 2017, Justice Jagdish Singh Khehar became
19321-525: Was unpopular amongst Indians and is considered a failure as it did not give Indians self-rule and permanent dominion status (the form of government followed in Canada , Australia and New Zealand ) as was previously promised. Between midnight on 15 August 1947 and 26 January 1950 , India was an independent, self-governing dominion of the Commonwealth of Nations , a constitutional monarchy with
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