The Supreme Court held that when there is a conflict between the entries in the Union List and the State List, the power of Parliament prevails. Alcohol is categorized into two categories, potable (drinkable) liquor and industrial alcohol. Sometimes potable liquor is produced illegally by processing industrial alcohol. The production, manufacture, possession, sale, purchase, and transport of “intoxicating liquors” falls under Entry 8 of List II (the State List) of the Seventh Schedule of the Constitution.
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Therefore, Parliament does not have legislative competence to pass laws regulating ‘intoxicating liquor’ under Entry 52 (¶¶71-72 CJ. Chandrachud). The States may transform private property into material resources of the community either by way of nationalisation, acquisition or vesting of such resources with the State (¶11.9 J. Nagarathna). The owner of private property must be fairly compensated for their losses when their resources are transformed into the resources of the community (¶11.10 J. Nagarathna). She also observed that any policy or law to enforce Article 39(b) is protected under Article 31C but its implementation should not violate Article 14 (¶13.11 J. Nagarathna).
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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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(iii) Whether charging royalty on mining leases is a form of tax. (iv) Whether the Mines and Minerals (Development and Regulation) Act, 1957 (“MMDR Act”) limits the states’ power to tax mining rights and mineral bearing lands. (iv) Whether a state’s power to tax land under Entry 49 includes the power to tax mineral bearing land, and if yes, whether mineral produce could be used as a measure of tax.
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- The Court held that just because the education which is sought to be regulated includes some religious teachings or instruction does not push the legislation outside the legislative competence of the state (¶85).
- He affirmed that reverting to the old system was not feasible and emphasised the importance of improving the EVMs or developing better systems in the future (¶¶4-5 J.Datta).
- The Court also held that the classification of “habitual offender” in the Prison Manuals has been used to target members of de-notified tribes and this can not be allowed (¶218).
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Therefore, he declared Section 6A as unconstitutional with prospective effect to ensure that immigrants who have already claimed the benefit of Section 6A are not deprived of citizenship (¶206 J. Pardiwala). Justice Pardiwala also noted that unlike Article 6, Section 6A does not specify a cut-off date till when applications for citizenship could be made. The different onus of identifying foreigners and the lack of a cut-off date made Section 6A different from Article 6 (¶¶12, 212). The Supreme Court held that courts have the power to review a foreign policy when it is in the form of a statute (¶¶46, 53 J. Kant, ¶¶6-8J. Pardiwala).
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- It also directed the State Government to take steps to accommodate all students studying in Madrasas in schools recognised by the Education Boards of the State of Uttar Pradesh.
- The majority clarified the distinction between “incorporation” and “establishment,” noting that incorporation gives legal existence to an institution, while establishment refers to its founding.
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Users can click the following links to check official websites of all Legislative Assemblies and Legislative Councils in the country. Each website here also contains a list of Members of Legislative Assembly (MLAs) and Legislative Council (MLCs). “It’s important when a player like him who has had so many moments with the Indian team and he has been a truly big match winner for us, he is allowed to make those decisions on his own and if it was now, so be it,” added Rohit. India played Washington Sundar ahead of Ashwin in Perth before the veteran returned for the pink ball Test. Rohit said one should wait to hear from Ashwin about why he chose this time to call it quits.
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The article highlighted caste-based discrimination in prisons. The Petitioner subsequently approached the Supreme Court under Article 32 of the Constitution challenging the constitutionality of various provisions in State Prison Manuals. Parliament cannot occupy a regulatory area merely by issuing a declaration under Entry 52, the state legislature’s power is only limited to the extent of the law passed by Parliament (¶140(b) CJ. The Supreme Court held that The legislative scheme of the Madarsa Act shows that it is not a law to provide religious instruction; rather it has been enacted to regulate the standard of education in Madarsas (¶65). The Court held that the State has an interest in ensuring that minority educational institutions provide standards of education similar to other educational institutions and it can enact regulatory measures to raise educational standards (¶¶74-75).
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The majority judgment held that while the Constitution embodies ideals of “economic democracy,” it does not prescribe a single economic model, leaving future generations free to choose the path toward economic justice (¶¶153, 168). However, it ignores the elements that they must be “material” and “of the community”. It ruled that the words “material” and “community” must also be given effect. It held that the words “of the community” must be understood as separate from the “individual” (¶211). 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.
The Madarsa Act established a ‘Board of Madarsa Education’ to regulate standards of education for students studying in Madarsas in the state. There are over 13,000 Madaras in Uttar Pradesh with over 12,00,000 students. These institutions provide both religious and secular education up to various levels including elementary, secondary, and higher education. But where the Rules covered the field, the recruiting body had to abide by them (¶39).
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