State of Punjab v. Davinder Singh

By Harleen Kaur

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Act: Constitution of India, Punjab Scheduled Castes and Backward Classes Act 2006

Principle: The state has the legislative competence to sub-classify within SC/STs

FACTS:

The State of Punjab passed the Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act 2006, section 4(5) of which provided preferential treatment to two specific castes within the SCs, thus subclassifying the SCs. The provision was struck down by the P&H High Court for being violative of EV Chinnaiah v. State of Andhra Pradesh, where 5-Judge bench of the SC held that sub-classification within SCs is impermissible under the Constitution. The State of Punjab appealed and the matter was listed before another 3-Judge bench which referred the case to the current 5 Judge Bench.

Indian Young Lawyers Association & Ors v. The State of Kerala &Ors.

By Harleen Kaur

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Citation: 2018 SCC OnLine SC 1690

Act: Constitution of India, Kerala Hindu Places of Public Worship Act

Principle: The practice of not letting women into the Sabarimala temple was held unconstitutional as it violated the freedom of religion of women

FACTS:

Sabrimala is a temple of the deity Lord Ayappa located in Kerela. It prohibited the entry of women in their ‘menstruating years’ (between the ages of 10 to 50), on the grounds that it is a place of worship. The same was challenged as violative of Articles 14 (Right to Equality) and 25 (Freedom of Religion) of the Constitution of India.

Environment Protection Act 1986

By Chiranjeev Singh

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As has been often said, we do not inherit the Earth from our ancestors but borrow it from our successors. It is the responsibility of each generation to protect the environment and leave it in a state which can be used by our successors. In this context, the Stockholm Declaration of 1972 was a landmark event where, for the first time, World leaders came together and talked about the issue of environmental pollution and Sustainable Development. Its ripples were felt in India too which enacted the Water (Prevention and Control of Pollution) Act 1974 and the Air (Prevention and Control of Pollution) Act 1981. Additionally, the 42^nd Amendment of the Constitution of India brought about Article 48A, which provided the mandate to the State to protect the environment, and Article 51A(g), which made the protection of environment a fundamental duty of the citizens. Though these enactments provided a framework for safeguarding the environment, it was felt that the legislations were too narrow in their scope and left many areas uncovered. As a result, the Environment Protection Act 1986 [the EPA Act or the Act] was passed by the Parliament.

Rakesh Kumar Agarwalla v. NLSIU, Bangalore

By Chiranjeev Singh

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Citation: WP (Civil) 1030 of 2020

Act: National Law School of India University Act 1986

Principle: NLS directed to conduct its admission process through CLAT and not allowed to conduct a separate entrance exam

Facts

National Law School India University, Bangalore (NLS) is a premier law university offering a five-year LLB course and was established by the Karnataka State Government through the National Law School of India University Act 1986 [the NLS Act]. In 2007, the Vice-Chancellors (VCs) of various National Law Universities (NLUs), including NLS, signed a Memorandum of Understanding that they will conduct a common admission test, namely the Common Law Admission Test (CLAT). Since 2008, all the UG and PG admissions in these NLUs have been conducted through CLAT. With the increasing number of NLUs, a Consortium of NLUs was formed in 2019 with its secretariat at NLS, and it was registered under the Karnataka Registration of Societies Act 1960.

The Water (Prevention and Control Of Pollution) Act 1974 – A Road To Clean Water

By Divyanshu Sharma

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The United Nations Conference on Human Environment took place in 1972 in Stockholm, Sweden. This conference was the first global level conference for protection of the human habitat. India took a significant part in it. This conference delineated several principles for protection of global climate, rivers and other water bodies, and the atmosphere. Based on the principles that were talked over in the conference, Indian Parliament passed the Water (Prevention and Control of Pollution) Act 1974. The objective behind this Act is to regulate the activities that affect water resources, control all forms of polluting activities and restore the water bodies to its pristine condition.