VidhiSangh

Supreme Court of India · 30/08/2018

BIR SINGH versus DELHI JAL BOARD & ORS.

[2018] 10 S.C.R. 513 · 2018 INSC 766

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Summary

The Constitution Bench reaffirmed that SC/ST reservation status is specific to the State for which a community is notified and cannot be carried into another State merely by migration. Article 16(4) cannot circumvent Presidential lists amendable only by Parliament. The majority nevertheless upheld the existing pan-India reservation rule for Delhi services as Central services. Banumathi J dissented on that Delhi issue. The Andaman and Nicobar appeals were left for an appropriate Bench on further materials.

Issues

  1. Whether Article 16(4) permits extension of SC/ST reservation beyond communities notified for the State concerned.
  2. Whether Delhi’s pan-India reservation policy is constitutionally valid in light of the nature of its services.
  3. Whether the same conclusion could be reached for other Union Territories on the materials available.

Provisions considered

Held

Result

Reference answered: State-specific SC/ST reservation rule reaffirmed; majority upheld pan-India reservation for Delhi services, with Banumathi J dissenting on that issue. Delhi appeals disposed of; Andaman and Nicobar appeals left to the appropriate Bench on sufficient materials.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 513.