Trace Your Case

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Rule Against Bias

Taylor v. Lawrence, [2003] QB 528

ISSUE:

Whether the Court of Appeal has jurisdiction to reopen a case after final judgment has been delivered to prevent significant injustice?

Whether the test for apparent bias, as applied in this case, was correctly assessed in light of the judge’s undisclosed relationship with the claimants' solicitors?

Whether exceptional circumstances exist to justify the admission of fresh evidence challenging the impartiality of the original judgment?

RULE:

Residual Jurisdiction of the Court of Appeal: The Court of Appeal has a residual jurisdiction to reopen appeals in exceptional circumstances to prevent significant injustice, provided that no alternative effective remedy exists. This power is exercised with discretion to ensure finality in litigation is not unnecessarily compromised.

Fair-Minded and Informed Observer Test for Bias: Apparent bias is established if, based on all the circumstances, a fair-minded and informed observer would conclude that there is a real possibility of bias. Judges should make full and appropriate disclosures when circumstances could reasonably raise questions about impartiality.

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Categories
Governance Through Administrative Actions

Union of India v. Anglo-Afghan Agencies, AIR, 1968 SC 718

ISSUE:

Whether the Export Promotion Scheme creates enforceable obligations on the government or is merely administrative in character?

Whether the Textile Commissioner acted arbitrarily in reducing the import entitlement without adhering to principles of natural justice?

Whether the government is bound by its representations under the doctrine of promissory estoppel in the absence of a formal contract?

RULE:

Promissory Estoppel Doctrine: The government cannot arbitrarily renege on representations made in schemes or policies upon which individuals have acted to their detriment, even if such representations are not formalized contracts.

Principles of Natural Justice: Administrative authorities must act fairly, providing affected parties an opportunity to be heard and disclosing relevant evidence when decisions adversely impact their rights.

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Rule Against Bias

S. Parthasarthi v. State of Andhra Pradesh AIR 1973 SC 2701

ISSUE:

Whether the inquiry officer’s bias invalidates the disciplinary proceedings?

Whether the inquiry officer was authorized to conduct the inquiry after his demotion from Director-in-Charge to Deputy Director?

Whether denial of access to relevant documents amounts to a violation of the right to a reasonable defence?

RULE:

A real likelihood of bias exists if reasonable and right-minded individuals, upon considering the facts, would conclude that the inquiring officer was prejudiced.

It is not necessary to prove actual bias; the perception of bias based on objective circumstances suffices to render the inquiry invalid.

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Categories
Citizenship

Assam Sanmilita Mahasangha v. Union of India AIR 2015 SC 783

ISSUE:

Whether Section 6A of the Citizenship Act, 1955, violates Articles 14, 21, and 355 of the Constitution of India by granting special provisions for illegal immigrants in Assam?

Whether the classification under Section 6A, providing different cut-off dates for determining citizenship, is arbitrary and discriminatory?

Whether the influx of illegal migrants constitutes “external aggression” and “internal disturbance” under Article 355, requiring the Union’s intervention?

Whether a constitutional challenge to a provision after a delay of 27 years since its insertion is maintainable?

RULE:

The Supreme Court has a constitutional duty to protect the lives of citizens and their culture. In cases of violations of fundamental rights, any delay in filing the petition, by itself, cannot result in its dismissal.

Though delay can be a ground for denying relief under Article 32, there is no upper limit for such delay. The issue of maintainability depends on the facts and circumstances of each case.

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Citizenship

Deep Chand v. State of Uttar Pradesh AIR 1959 SC 648

ISSUE:

Whether the Uttar Pradesh Transport Service (Development) Act, 1955, is repugnant to the Motor Vehicles Act, 1939, under Article 254 of the Constitution?

Whether the Uttar Pradesh Transport Service (Development) Act, 1955, infringed upon the fundamental rights guaranteed under Article 31 of the Constitution?

Whether the doctrine of eclipse can apply to post-Constitution laws infringing fundamental rights?

RULE:

The doctrine of eclipse does not apply to post-constitutional laws that violate fundamental rights.

Under Article 13, any post-Constitution law that contravenes fundamental rights is void ab initio, i.e., from its inception.

The test to determine repugnancy is that there must be a direct conflict between the provisions and that both laws should occupy the same field.

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Categories
Reservations

B.K. Pavitra v. Union of India, (2019) 16 SCC 129

ISSUE:

Whether the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the Posts in Civil Services of the State) Act, 2018 (“2018 Reservation Act”), is constitutionally valid or not?

Whether a new statute introducing provisions similar to those struck down by the Supreme Court is invalid, when the grounds for striking down the previous Act have been cured?

Whether the principle of “efficiency of administration” under Article 335 of the Constitution is met by the 2018 Reservation Act?

Whether the concept of creamy layer applies to grant of seniority as a consequence of promotion on basis of reservation?

RULE:

Article 16(4A) of the Constitution permits the state to provide reservations in promotions for SC/STs if there is inadequate representation in services and such measures do not compromise the efficiency of administration.

Article 335 of the Constitution requires that claims of SC/STs be balanced with maintaining administrative efficiency.

Legislative actions addressing judicial decisions are valid if they correct the underlying basis of the court’s ruling without overriding it.

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Reservations

E. V. Chinnaiah v. State of Andhra Pradesh (2005) 1 SCC 394

ISSUE:

Whether the Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000 (“the Act”), is violative of Article 341(2) of the Constitution of India?

Whether the Act is constitutionally invalid for lack of legislative competence?

Whether the subclassification of Scheduled Castes violates Article 14 of the Constitution of India?

RULE:

The classification of Scheduled Castes in the Constitution was meant to address the historically oppressed groups as a unified whole.

Any sub-classification within Scheduled Castes, for preferential treatment, would be discriminatory and unconstitutional under Articles 14, 15, and 16 of the Constitution.

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Reservations

M.R. Balaji v. State of Mysore AIR 1963 SC 649

ISSUE:

Whether the order of the State of Mysore reserving 68% seats is justified under Article 15(4) of the Constitution?

Whether State governments have the authority to sub-divide backward classes into two categories – “backward” and “more backward” class?

RULE:

While adopting reservation to advance the weaker sections of society under Articles 15(4) and 16(4) of the Constitution, care must be taken not to exclude deserving candidates from other communities from admissions to higher educational institutions.

Special provisions for reservations should generally be less than 50%. However, the exact percentage within this limit is in the domain of the State government to decide.

Special provisions under Article 15(4) of the Constitution can be made by the Union or State governments by executive order.

“Class” under Article 15(4) of the Constitution is different from “caste”.

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Asymmetric Federalism

District Council of United Khasi and Jaintia Hills v. Miss Sitimon Sawian AIR 1972 SC 787

ISSUE:

Whether the provisions of the United Khasi-Jaintia Hills District (Transfer of Land) Act, which regulated the transfer, allotment, occupation, or use of land within the autonomous district, were within the constitutional authority of the District Council?

RULE:

District Councils have no plenary power of legislation. Their legislative powers are limited by the Sixth Schedule of the Constitution.

Para 3 (1) (a) of the Sixth Schedule of the Constitution does not empower District Councils to legislate with respect to transfer of land.

The expression “the allotment, occupation or use, or the setting apart of land” does not take within its fold “transfer of land”

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Asymmetric Federalism

District Council of the Jowai v. Dwet Singh Rymbai, AIR 1986 SC 1930

ISSUE:

Whether the District Councils have the constitutional authority to impose royalty on timber extracted from private forests within its jurisdiction under the Sixth Schedule to the Constitution?

RULE:

The law-making powers of District Councils are limited by the provisions of the Sixth Schedule to the Constitution.

The powers of District Councils are different from the plenary powers of the legislature.

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