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The majority held that Section 6A aligns with the fundamental purpose of Articles 6 and 7 of the Constitution, which seek to provide citizenship to individuals of Indian origin who suffered from political disturbances in neighbouring nations (¶132 J. Kant). In any case, the provisions in Part II of the Constitution (Arts 5-11) only prescribe who would be granted citizenship at the commencement of the Constitution. Citizenship after the commencement of the Constitution would be governed by Parliamentary law (¶139 J. Kant, ¶¶31,39,40 J. Chandrachud). Chief Justice Chandrachud held that Article 246 read with Entry 17 of List I in the Seventh Schedule confers Parliament the power to enact laws on citizenship (¶¶34-35 J. Chandrachud). Following the Bangladesh Liberation War in 1971, there was an influx of immigrants into Assam. Various groups protested against the influx of immigrants resulting in the signing of the Assam Accord on 15 August 1985 between the Union Government and the protesting groups.

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  • The majority held that an educational institution does not lose its minority status merely because it is created by a statute (¶98 CJ. Chandrachud, ¶¶ ,190 J.Kant).
  • The Supreme Court suggested the Union Government bring an amendment to the POCSO Act to replace the expression ‘child pornography’ with ‘child sexual exploitation and abuse material” so that the true nature of the offence can be reflected more accurately.
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  • The Supreme Court held that when High Courts are deciding whether to quash criminal proceedings, they can rely on the statutory presumption of malicious intention.
  • Justice Dhulia also delivered a dissenting opinion holding that income and wealth inequality are enormous and the broad interpretation of “material resources of the community” adopted in Ranganatha Reddy and Sanjiv Coke is correct.
  • Candidates have a legitimate expectation that selection will be based on known criteria and public authorities should act predictably unless there is a good reason not to do so (¶¶ 14-16).

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  • Subsequently, on 25 May 1999, the Government of Uttar Pradesh issued a notification under the U.P.
  • The Court ruled that this interpretation would be against the constitutional scheme given that Article 30 expressly recognises the right of minorities to establish and administer educational institutions (¶86).
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  • It overruled the decision of Sanjeev Coke which held that private resources also come under the material resources of the community.
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  • The judge will then set out times and dates in a hearing, expected to be in February.
  • Rohit said one should wait to hear from Ashwin about why he chose this time to call it quits.
  • It reasoned that the State was under no legal duty to fill all the vacancies if there existed good faith reasons not to do so (¶41).
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To provide legislative effect to the Assam Accord, Parliament enacted Section 6A in the Citizenship Act in 1985. Whether Section 6A of the Citizenship Act, 1955 (“Citizenship Act”) violates Articles 11 (power to regulate citizenship), 14 (equality), 29 (protection of minority interests), 326 (right to vote), and 355 (duty of Union to protect states) of the Constitution. Subsequently, on 25 May 1999, the Government of Uttar Pradesh issued a notification under the U.P.

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The Court held that although Section 45 of the PMLA has a high threshold for granting bail, such provisions should not become tools to incarcerate accused persons without a trial (¶27). The Court ruled that if the incarceration of an undertrial accused is continued for an unreasonably long time, this would be violative of their right to a speedy trial under Article 21 of the Constitution (¶26). Thus, the Court held that the Appellant’s indefinite detention would violate his right to liberty and a speedy trial under Article 21 of the Constitution (¶27). The Supreme Court took cognizance of the discrimination inside prisons on any grounds such as caste, gender, or disability and listed the case after three months to check compliance of this judgment. The Supreme Court held that by assigning cleaning and sweeping work to marginalised castes, while allowing the “high” castes to do cooking, the Manuals directly discriminate based on caste and thus violate Article 15(1) of the Constitution (¶171).

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These provisions disproportionately harm marginalised castes and perpetuate caste-based labour divisions (¶172). The Supreme Court held that only such classification that proceeds from an objective inquiry of factors such as work aptitude, accommodation needs, and special medical and psychological needs of the prisoner would pass a test of reasonable classification (¶169). Sukanya Shantha (“Petitioner”), a journalist, wrote an article titled “From Segregation to Labour, Manu’s Caste Law Governs the Indian Prison System” which was published on 10 December 2020.

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In 1986, the State of Maharashtra amended MHADA to include Chapter VIII-A, which allowed for the acquisition of redeveloped properties for the erstwhile occupiers. Section 1A was also inserted in the MHADA, which states that MHADA gives effect to a State policy specified in Clause (b) of Article 39 of the Constitution. Article 39(b) provides that the State shall ensure that ownership and control over “material resources of the community” are distributed to serve the common good. The Court held that Entry 25 of List III can not be interpreted to mean that only education that is devoid of any religious teaching or instruction is allowed to be regulated else it would fall outside the legislative competence of the state (¶90).

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Thus the challenge should be against the non-implementation of the statute and not its constitutionality (¶304 J. Kant). In his concurring opinion, Chief Justice Chandrachud held that Section 6A contemplated rules and sufficient infrastructure to ensure that immigrants of Indian origin from Bangladesh could acquire citizenship (¶119 J. Chandrachud). Section 6A continues to serve this goal however, increased State capacity is needed to ensure the effective implementation of the provision. However, this does not render Section 6A unconstitutional (¶120 J.Chandrachud).

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