Introduction

When India got independence, there were a certain group of peoples who were not as socially, educationally developed as others and the makers of the Constitution wanted to help them and so the concept of reservation came into the picture. To put it out in layman terms, reservation is a system, according to which the above-mentioned group of socially, educationally disadvantaged peoples were provided with representations, by reserving a couple of open spots, with respect to jobs or in the entrance of an educational institute or their minimum mark to enter into an institute was held to be lower than the others to improve them socially and educationally. This is also mention in the Constitution under Article 15(4) and 16(4), which provides the State with the power to make any special provisions for the development of any socially and educationally backward group of citizens, which are known as the Scheduled Castes, and the Scheduled Tribes, like the above-mentioned reservations or allotting quotas, etc. for them.

Who is included?

The people to whom reservation is allotted, forms three main groups, are as follows:

Scheduled Castes (SC) – the people who are included in this group are most commonly considered to be in the lower section of the caste hierarchy. These people were mostly manual laborers and daily wage workers, who were involved in works like agricultural laborers, manual scavenging, tannery, washing clothes, fishing, and more. Most of the works that these people did were considered to be disgusting and something that the people from a higher caste would never do. Article 341 of the Constitution defines who would be in Scheduled Caste. According to which the President has the power to decide if a particular caste, race or tribe, or their group will be considered to a part of SC or not, in regard with a State or Union Territory and in regard with a State, the President should consult with the governor of that State and in regard with a State, the President should consult with the governor of that State. The Parliament also has the power to include or exclude any castes, races or tribes or parts of or their groups in the list.
Scheduled Tribes (ST) – the people who are included in this group are the indigenous people of India. Few of their primary characters are that they have primitive traits, distinct culture, were isolated from others and so did not have a lot of contact with other communities, and were not developed. Article 342 of the Constitution defines who would be in Scheduled Tribe and according to which, the President will decide if a particular tribe or tribal communities or their groups should be considered as a ST or not in a State or Union Territory and in regard with a State, the President should consult with the governor of that State. The Parliament also shall include or exclude and castes, races or tribes or parts of or their groups in the list.
Other Backward Classes (OBC) – the people who are included in this group are those people who are also in socially, economically, and educationally in a backward position but they do not belong in the SCs and STs. The Indian Constitution does not talk about OBC. But, after the Supreme Court’s judgment in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993. Under which Section 2 defines Backward classes as backward classes of citizens, other than the SCs and STs, as may be specified by the Central Government in the lists.

Reservation and the India Constitution

Article 16 (1) and (2) of the Constitution forbids discrimination on the ground of residence for employment, and Article 16 (3) and (4) are the exceptions for it. Article 16 (3) gives Parliament the power to make laws that would extend beyond the restriction mentioned in Article 16 (1) and (2). Article 16 (4) empowers the state to make special provisions, as needed, for the reservation in appointments of posts in favor of any backward class of citizens who the State considers are not adequately represented in the services under the State.

Articles 330-342 talk about the special provisions for reservation, representation, and commission for a certain class of people such as SCs, STs, Anglo –Indians, Linguistic minorities, and OBC.

Article 335 of the Constitution plays a big role in balancing the process of allotting seats based on reservation. The article says that the state shall look into the claims of the members of the SC and ST regarding the seats in the administrative position, but only if appointing these members will improve the efficiency of the administrative position. The State does not require to grant the members solely based on their social standing. This article acts as a guiding principle for the State in performing its duties without it being restricted to the claims of SC and ST.

Views of the Supreme Court

One of the first cases that handled on the reservation was the State of Madras v. Champakam Dorairajan, the Madras government reserved seats in the government’s medical and engineering colleges in different proportions for different communities based on religion, caste, and race. The plaintiff alleged that this is against the fundamental rights, and the state defended it on the grounds that this was enacted under the requirements of Article 46 of the DPSP to provide social justice for all the groups. This law was repealed by the Supreme Court because students are graded based on caste and religion, regardless of their merits. To change the validity of the decision, the Constitution ( 1^st Amendment) Act of 1951 amended Article 15, and clause (4) was added in Article 15.

In the case, M.R. Balaji v. the State of Mysore, the State of Mysore issued an order, as per which all the communities except the Brahmin community were declared to be socially and educationally backward under Article 15 (4) and 75% of the seats in Educational Institutes were reserved in favor of the Socially and Economically Backward Class and the SCs and STs. This order was challenged in the Supreme Court under Article 32 and the Supreme Court struck down this order because it claimed that backwardness is both a social and educational factor, and though caste in relation to Hindus may be a relevant factor to consider, it cannot be made the sole and dominant test, in determining the social backwardness of a class of citizens. It also said that even though there are no definite rules for granting reservations, it should not exceed 50%.

In the case, State of UP v. Pradeep Tandon, an order issued by the State Government for the reservation of seats for students in medical institutes, which extended to candidates from rural areas, hill areas, and Uttarakhand, was challenged in the Supreme Court. The Court observed that the classification on geographical and territorial areas was made because the candidates from these areas were regarded as socially and culturally backward classes. The Court said the reservation to the students from hill areas and Uttarakhand was valid, because of the absence of a proper means of communication, technical processes, and educational facilities, the poor and illiterate people were kept in the remote and sparsely populated areas. But this did not include the candidates from rural areas, and it was held to be invalid because this division on the ground that the people in rural areas were poor, unlike those in urban was not supported by any relevant facts.

One of the leading landmark cases regarding reservation in the case of Indra Sawhney v. Union of India. In this case, the Supreme Court held that the decision of the Union Government to reserve 27% of the government jobs for backward classes is constitutionally valid, provided socially advanced persons- Creamy Layer- among them are eliminated. The reservation of the seats could include only the initial appointment and does not extend to the promotion and the total reservation should not exceed 50%. After this judgment Article 16 (4-A) and 16 (4-B) were added by the 77th Amendment and 81st Amendment respectively.

CREAMY LAYER:

The term ‘creamy layer’ was first coined in 1974 in the case of the State of Kerala vs N. M. Thomas where the judge noted that the benefits of reservation meant for the socially and economically backward persons were snatched by the people of the same community, but socially and economically developed, who was called as the top creamy layer, and leaving the rest for the weakest. This could be applied only for OBC and not to the SCs and STs. To put it down in simple words, ‘creamy layer’ consists of people who despite being a part of the OBC, are more economically and socially developed. The court developed the ‘creamy layer’ concept to prevent these people from using the policies and reservations made for the people who are economically and socially backward.

Conclusion

So, there is a question in most people’s minds, that, “do we still need a reservation?’. It has been more than 70 years since India became a democratic nation and the reservation was implemented. But the position of the SCs, STs, and OBC have not changed a lot to say that reservation should be barred. In the present-day scenario, a lot of people in the creamy layer are misusing the allotment of reservation and so reservation does not fulfill the role it was established for. The one thing that can be done is that, while the process of reservation is going on, the people selected for a reservation should be chosen after looking into if they would fall into the ‘creamy layer’ category and the concept of ‘creamy layer should be extended to those in SCs and STs too. So, to conclude I would say that, yes, we still need a reservation, because the reason for the implementation of reservation, which is, the development of SCs, STs, and other backward groups, is not yet fulfilled.

This article is written by Santhiya V, who is pursuing BBA LLB (Hons.) at Alliance University.

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The center state relation in federal countries around the world is unbalanced in terms of their resources, powers, and functions, regardless of how detailed and elaborately the constitution describes it. By the opinion of Chief Justice Mirza Hameedulla Beg “our constitution is like an amphibian”. The central at times can move from the federal plane to the unitary one according to the circumstances. From Independence on, the power has been vested more on the central government. Coalition politics is often used as a means to influence the federal polity. India being a multiparty country, coalition governments are inevitable. It is not a new concept in India that in 1967, the coalition government took an immense drift, which has continued today. Moreover, the federal system and the coalition government share the same essence and objective, but one had a greater impact. The term Coalition is derived from a Latin word meaning to grow together. Coalition governments can be traced back to the pre-independence era to be precise the interim government of 14 party representatives in 1946.

One-party Domination and Coalition Phase:

The development of the coalition government was interconnected with the federal and political structures at various times. For more than four decades after independence, Indian governance was governed by a one-party system, which was a unitary system. But the emergence of regional political parties was a great reason that has contributed to the breakdown of a one-party dominant system at the center and has made a substantial contribution to the decentralization of power. We need to examine the history and development of the coalition government through the years to understand its impact on the Indian federal structure.

The First Phase:

The phase of 1952-1967 was a time of one-party rule in India, but in 1967, the first sign of disruption occurred with the introduction of an alternative. Though there are attempts at coalitions between 1967 -1988, they are a failure. The scholars always raise the contention that, the federal system even though it’s immutable it needs to undergo re-examination, re-adjust, reconfirm at particular intervals according to the emerging situations in the society. In 1987, the controversy over center-state relations has become a loud issue when the then prime minister of India Mr. Rajiv Gandhi began to address the District Magistrates and Collectors in different areas, stressing the need to restore a system without chief ministers. This was a process of bringing back the District collectors to the administrative position. This was followed by the flooding of announcements regarding the strengthening of local bodies and panchayat raj which was considered as a virulent attack on the state governments.

It not only during his period the attack of the dominion party over the state government can be observed all way back by the way of the constitution itself. Majorly The invocation of Article 356( example of Communist Government in Kerala was sacked in 1959), unilateral action of the center in the setting up of the of its policy of drawing and redrawing the political map of India (example of the disintegration of Assam to suffice infra nationalist movements), and planning commission, which deceit us the constitutional tools by which unilateral action or oppression of the dominant party was made through which was against the spirit of the Federal Structure.

Development Phase after 1988:

Over the years there was a constant rise of voice against this misuse. It comes into the limelight after the Sarkaria commission report of 1988. However, the committee did not suggest anything regarding the reconsideration of the State, Union, and Concurrent lists, but it placed a great deal of emphasis on the office of the governor. Article 356 was more often invoked against the opposing state through governors by the single dominant party. According to this committee, the office of the Governor was regarded as being a key functionary in ensuring cordial center-state relations. Active politicians were not allowed to be governors, and eminent persons from outside of the state are preferred, according to the Commission. He should not have too much to do with local politics or be active in politics. Although the committee’s recommendations were taken at a later stage, there was a major shift in Indian politics in 1989 when regional parties entered the national arena. The coalition of the regional parties reinforces the shift from centralization to decentralization.

In 1996, there was a failure but it was also considered a landmark event in the coalition as the United Front Government with Congress’ support came to power. This coalition government brings a Programme named as Common Minimum Programme. The concept of political, economic, and administrative federalism was reinforced through various innovations developed through this program.

The most prominent change that happened in the relationship between the coalition politics and federalism in India is a recent example of the replacement of the Planning Commission of India by constituting a new commission named National Institution for Transforming India (NITI) Aayog on January 1, 2015. The Prime minister is the chairperson and the Chief Ministers of states and the UT will remain as the members. This instituted participation and also strengthens the federal system by inclusion and decentralization.

In the era of a coalition government, the center-state relation and the state autonomy issues are resolved to the maximum extent. Through this coalition, the regional parties were able to strengthen their presence in national politics. They can now have a stronger voice about the different views and problems of different societies and sections. Coalition politics, or the system of government, is more participatory and responsive. Thus, the autocratic, dominant single-party monopoly is removed. If well streamed, this can also provide some opportunities for Mutual Adjustment and arbitrations.

Drawback:

Coalition governments cannot simply claim that they uphold the federal system and its objectives. It had a serious drawback that would conflict with the basic welfare of the nation. This coalition government is unstable. From the past, we could observe major coalition government failures due to various reasons. I believe there is a great deal of opportunism, narrow political interest, and unscrupulous political games before the idea of integrity, development, and democratic federalism. Despite the coalition government being the reality of today, they are merely using it now to disrupt the actions of the center and also to undercut their power and authority. Regional parties often disregard the general welfare and do not take a utilitarian approach. Coalitions are often used by regional parties to divide and rule and create immense hatred against others for their dirty political agenda. A participatory, corporation-competitive development must be the goal of the Coalition, but they are often driven toward separatist movements instead of maintaining the integrity of the country.

I would like to conclude with the note of W.H. Riker. He rightly observed that: “Whatever the social conditions that are general, everything sustains the federal bargain, there is one institutional condition that controls the nature of the bargain……. the structure of party system, which is regarded as the main variable intervening the background social conditions and the nature of the federal bargain.” He also observed that “centralizing and decentralizing tendencies of a federal system mainly depends upon the degree to which the parties are operating in the central government and control parties in the present government.

This article is written by Bharatee Preeya A.K. a student pursuing B.B.A.LL.B (Hons) from Alliance University Bangalore.

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Negligence:

Negligence in simple terms translates to failure in taking care of something or keeping things under check.

In legal terms, however, negligence means the breach of duty of care that results in damages. It involves failing to or omitting to do something, which the person was legally bound to do and the other person being caused damages due to such breach. Therefore we can understand that for negligence to take place, 3 essentials must be there. These being as follows:

The defendant is legally bound to the plaintiff to take due care.
Such duty must be breached by the defendant, that is he must fail to take due care.
Such breach of duty must result in damages to the plaintiff.

Once these 3 essentials are satisfied, the defendant is held liable for negligence.

Civil and Criminal Negligence:

Negligence under the law of torts is a civil wrong whereas criminal negligence, as the name suggests is a criminal wrong. While there is no such major difference in both types, there is a distinction in how the determination of liability is done. In torts law, the amount of negligence is examined. Whereas in criminal law, both the degree and amount of negligence are examined to determine the liability. In order to initiate proceedings under criminal negligence, the amount and degree of negligence must be higher than that of civil negligence. The ingredient of mens rea that is “guilty mind” cannot be overlooked.

Negligence by Professionals:

A professional is a person who possesses special skills or skills which are requisite to performing a task. Thus a professional can be said to be a person who has the skills to perform a task which a person without such skills cannot perform. By this meaning, a medical practitioner is a professional too.

Hence anyone who deals with a professional must understand that it is implied for the professional to deal with a reasonable amount of care. It is also essential for the professional to make sure to practice due care and caution.

It is however obvious that a professional is also a human and thus can take wrong decisions which may lead to a breach of duty of care and cause negligence. This raises the question, that when can a professional be held liable. A professional can be held liable on the basis of either one of two findings. These are as follows:

The plaintiff did not possess the requisite skill that he had claimed to possess, due to which damage has been caused or,
He did not take reasonable due care while exercising his professional skills.

The standard for judging the second condition can be determined by various tests. The Bolam test that has been held in Bolan v. Friern Hospital Management Committee is the most well-known test. The standard that had been set was that the level of skill may not be that of the person exercising the highest level of skill in that particular profession, but it should be that of an ordinary competent man practicing that particular profession.

Medical Negligence:

From the above discussion, we can say that medical negligence is the breach of duty by a medical professional to take reasonable care and that such breach causes damage to the plaintiff.

Just like above, it can be deduced that a person can be held liable for medical negligence when they either:

Do not possess the requisite skills of a medical professional that they claimed to possess or,
The medical professional did not take reasonable care that an ordinary person of ordinary competency in the same field would exercise.

In Nizam’s Institute of Medical Sciences v. Prasanth S. Dhananka, the doctors had misjudged the patient’s conditioned. Had the patient’s correct condition been noticed, a neurosurgeon would have also been appointed to conduct surgery. But the surgery was performed by a doctor who had expertise in only one area. It was thus held that the doctors were remiss in their performing of the operation and this amounted to negligence.

Medical Negligence during a pandemic:

From the above case laws and essentials constituting medical negligence that have been discussed, it can be clearly said that a medical professional can be held liable for negligence. The question that arises is whether they can be held liable for medical negligence during a global pandemic. Surely if a professional who has acted negligently must be held liable, but what also needs to be considered is that reasonable care during times of a pandemic is subject to many factors. Also, the mental and physical anguish that is faced by the medical professionals at this time cannot be ignored. However, a few petitions have been filed during the pandemic in regards to medical negligence.

An ex-gratia plea had been filed before the Delhi High Court by the family of a COVID-19 patient who died due to lack of oxygen. The petitioners claimed that the patient’s oxygen level had declined tremendously and yet the hospital due to its medical negligence led to the death of the patient. The defense that represented the state government stated that the state government is offering relief of 50,000 Rs to the families of people deceased due to COVID-19.

Conclusion:

Medical negligence during a pandemic is a sensitive topic as during such a scenario, it is important for both a medical professional to be held liable for negligence but also taking into account other factors such as the government’s role in ensuring that all the hospitals are supplied with the necessary equipment and other items and also whether the negligence in question was an unavoidable circumstance or breach of duty of care. I am of the opinion that surely a professional should be held liable for their negligence, but it should be kept in mind while dealing with such a case of negligence that they are humans as well capable of making erroneous judgments especially during such crucial times of the pandemic.

This article is written by Om Gupta, a first-year law student pursuing a BBA-LLB from the University School of Law and Legal Studies.

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Bombay HC, recently came through public interest litigation with the comprising bench of Dipankar Datta and justice GS Kulkarni, asking for the private schools to deal with the fees issues directly with the parents instead of debarring the students from attending the online classes and turning it into the legal battle.

In this current pandemic situation, every people and organization are facing tough financial trouble in society. Regarding some of the private schools are pressurizing students to pay their fees by debarring them from the academic facilities. Due to this students are habituated and committed to their work in virtual mode irrespective of the internet issues and distractive surroundings. The main contention of the petitioner is that the private schools are continued to charge the same fees as pre-pandemic despite students are not being able to use the facilities of school physically. With this consideration, the order was passed by the Bombay HC seeking direction to the private schools both aided and unaided to collect only the half amount of fees in the year of 2020-21, though some schools were failed to follow such order passed by HC so came up with petition.

The division bench of Bombay HC stated that the fee is not something that should be turned into a legal issue. This can be amicably settled and worked out. The management can talk face to face with the parents and resolve it there is no need to bring it to resolve legally. Moreover, the state government had informed the court that divisional fees regulatory committees had been set up the various places like Nasik, Pune, and Mumbai and so on to resolve the dispute between the parents and management regarding the fees issues.

Further, the court added that this is not a happy situation. In a pandemic when many families are facing problems, the approach should be different. The pandemic had not only impacted rural India also urban India where there is a serious downfall of the economy.

Regarding these school issues, it would be more beneficial for the college students, if the state or central government take such action regarding the fees issue and pressurizing students to pay and adding additional fines for not payment of fees in this crucial situation private universities. So it would be very much thankful for the government to take private colleges also into consideration than focusing only on private schools. Since every institution comes under the root called education and future of the students, either it is a college or school, equal importance must be given by the government.

-Report by AJISHA

“It is against the fundamental principles of humanity, it is against the dictates of reason that a man should, by reason of birth, be denied or given extra privileges”

– Mahatma Gandhi

Introduction

Reservation in India refers to the process of assisting some special sections of the society in terms of education, scholarships, jobs, and promotions. These sections have faced historical injustice due to their caste identity. Reservation is a type of affirmative action based on quotas. Constitutional laws, statutory laws, and municipal norms and regulations govern the reservation. India’s long-standing caste system is to blame for the country’s reservation system’s inception. The reservation might be viewed as positive discrimination because it is based on quotas.

The Indian reservation system’s main goal is to improve the social and educational standing of poor populations and therefore their lives. The premise was that the vast majority of the poor came from a relatively small caste group and that they needed a social network to be accepted as full members of society.

It was a pittance in comparison to the millions of unfortunates who were subjected to the inequalities and humiliations of untouchability on a daily basis.

Historical Background

In 1933, British Prime Minister Ramsay Macdonald delivered the ‘Communal Award,’ which established the reservation system that persists today. Separate electorates were established for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans, and Dalits in this award. Reservations were initially exclusively available for SCs and STs after independence. On the Mandal Commission’s recommendation, OBCs were put in the ambit of reservation in 1991.

The Supreme Court, while sustaining the 27% quota for backward classes, overturned a government notification reserving 10% of government positions for economically backward classes among the higher castes in the Indra Sawhney Case of 1992. In the same decision, the Supreme Court upheld the concept that the total number of reservation beneficiaries should not exceed 50% of India’s population. The Constitutional (103rd Amendment) Act of 2019 has established a 10% reservation for the “economically disadvantaged” in government positions and educational institutions in the unreserved category. The Act adds language to Articles 15 and 16 of the Constitution allowing the government to grant reservations based on economic disadvantage. This 10% economic reservation is in addition to the 50 percent reservation limit.

Reservation in India

India’s reservation policy, which began in 1959, is the world’s oldest of its kind. In 1992, the Supreme Court of India determined that reservations may not exceed 50%; anything higher, it said, would violate the Constitution’s provision of equal access. As a result, reservations were capped. However, there are state laws that go over the 50% limit, and these are currently being challenged in the Supreme Court. For example, caste-based reservation is 69 percent in the state of Tamil Nadu, and it affects around 87 percent of the population. For a period of five years, the Constitution set aside 15% and 7.5 percent of vacancies in government-aided educational establishments and positions in the government/public sector, respectively, as reserved quotas for SC and ST candidates, with the situation to be reviewed after that.

After the provision for the reservation was first introduced, it became associated with vote bank politics, and subsequent governments and the Indian Parliament frequently extended it without any free and fair amendments. Reservations were then implemented for other portions as well.

The current reservation system has the potential to undermine the country’s economic structure by lowering labor productivity. The reservation system merely serves to divide society, resulting in discrimination and disputes between various groups. It is oppressive and has nothing to do with caste. It is the polar opposite of communal living.

Constitutional Provisions for Governing Reservations in India

The reserve of SC and ST in the Central and State legislatures is addressed in Part XVI.

The Constitution’s Articles 15(4) and 16(4) allowed state and federal governments to set aside seats in government services for members of the SC and ST communities.

The Constitution (77th Amendment) Act of 1995 added a new clause (4A) to Article 16 of the Constitution, allowing the government to give reservation in promotion.

Later, the Constitution (85th Amendment) Act, 2001 amended Article (4A) to offer consequential seniority to SC and ST candidates elevated under reservation.

The 81st Amendment Act of 2000 placed Article 16 (4 B) into the Constitution, allowing the state to fill unfilled SC/ST vacancies in the next year, effectively nullifying the fifty percent reservation cap on total vacancies for that year.

Articles 330 and 332 provide for particular representation in the Parliament and State Legislative Assemblies, respectively, by reserving seats for SCs and STs.

Every Panchayat is required by Article 243D to reserve seats for SCs and STs.

Every municipality is required by Article 233T to reserve seats for SCs and STs.

According to Article 335 of the constitution, the claims of STs and STs must be taken into account in conjunction with the administration’s efficacy.

Why is it Necessary to Evaluate the System?

Reservations are the most serious threat to meritocracy. Meritocracy should not be tainted by lowering entry barriers; rather, it should be bolstered by providing financial assistance to the poorest but most worthy individuals. Because of their preservation of merit, the NTs and IIMs are now held in high regard around the world.

Reservation based on caste is a tactic used to achieve narrow political goals.

In addressing social justice problems, a comprehensive Affirmative Action plan would be more beneficial than reservations.

Quota allocation is a type of discrimination that violates the right to equality.

The entire policy must be thoroughly studied, and the benefits must be calculated over a nearly 60-year period.

Poor people from the “advanced castes” have no social or economic advantages over those from the “backward castes.”

Most of the seats intended for “backward” castes are used by only the monetarily well-off, rendering the goal a complete failure.

Due to political difficulties, there is a fear that once reservation is implemented, it will never be removed, even if there is proof of upliftment of backward classes. In Tamil Nadu, for example, forward castes were only able to acquire 3% of overall seats (and 9% in Open Competition) in professional schools at the undergraduate level, despite their population percentage of 13%. This is an obvious case of discrimination in the wrong direction.

Many people favor reservations by citing the Mandal Commission report. According to the Mandal Commission, 52 percent of Indians are classified as OBC, but only 36% are classified as such in the National Sample Survey 1999-2000. (32 percent excluding Muslim OBCs).

As a result of the reservation, there has been an increase in brain drain as undergrads and graduates have begun to pursue higher education in foreign colleges.

Is it enough to have a reservation to assure community development?

Reservations are a two-edged sword when it comes to community development, with the two sides being the various sorts of reservations available.

When used in its traditional sense, a reservation really produces more harm than good. When society and opportunities for people are split based on caste and class, it creates a divide between those classes, preventing community harmony and growth.

If the reservation policy were reversed to guarantee places to economically disadvantaged parts of society, it would foster a sense of common upbringing among those who are financially well-off.

Conclusion

It is arguable whether a person’s caste constitutes an acceptable basis for quota in government jobs and colleges in the twenty-first century. Many people from lower castes have risen through the social ranks and are now on par with the ‘general population. Many upper castes, on the other hand, continue to be impoverished and illiterate. However, it cannot be maintained that caste-based reservation is wholly irrelevant because, at the time it was established, India had many discriminatory laws and norms enacted by religious leaders at various levels. Even after 63 years since untouchability was abolished, the lower class is exploited and discriminated against, as evidenced by Rohith Vemula’s case. However, the country requires a more comprehensive reservation system that encompasses the poor and backward groups while excluding the wealthy and dominant portions of all castes.

Reservations are now merely a method for politicians to increase their vote banks. In every way, they are impeding the country’s growth, progress, and capability. On the one hand, our constitution’s preamble declares that we are a free, democratic, and sovereign nation; on the other hand, the reservation system enslaves all of these characteristics. It is causing divisions and divisions among the population.

The topic of reservation has long been a source of contention between the reserved and non-reserved sectors of society. While the unreserved portions continue to oppose the provision, the most vulnerable sections within the reserved segments have little understanding of how to profit from it, if it even exists.

Reservations are now solely a tool for politicians to boost their vote totals. They are limiting the country’s growth, progress, and potential in every manner. The preamble of our constitution proclaims that we are a free, democratic, and sovereign nation; but, the reservation system enslaves all of these features. It is producing racial and ethnic divisions among the population.

This article is written by Ayushi Vaid of Vivekananda School of Professional Studies.

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Case Number

Appeal (crl.) 240 of 1997

Equivalent Citation

2004 (1) SCR 1155

Bench

V. N. KHARE CJ , S.B. SINHA , S.H. KAPADIA

Decided On

28/01/2004

Relevant Act/ Section

The Indian Penal Code – Section 509

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 1989 Act) – Section 3(i)(xi)

The Code of Criminal Procedure (CrPC) – Section 482

Article 341 & Article 342 of The Indian Constitution

The Constitution (Scheduled Tribes) Order, 1950

The Constitution (Scheduled Castes)[(Union Territories)] Order, 1951

Brief Facts and Procedural History

The President of the Pattambi Congress Mandlam, Ramachandran, lodged an FIR against the respondent under Section 509 of the IPC. The respondent took Elizabeth P. Kora, an 8-year-old girl, to a classroom in the Pattambi Government U.P. School with an intention to outrage the modesty. The father of the victim belonged to the Mala Aryan Community (Scheduled Tribe in Kerala), so another FIR was filed under Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Chief Judicial Magistrate summoned the respondent based on the charges. Aggrieved respondent under Section 482 of CrPC filed a petition asking to quash the charges framed under Section 3(i)(xi).

The High Court held that the victim ceased to be a member of the Scheduled Tribe as her parents have converted to Christianity. The High Court repressed the charges under Section 3(i)(xi).

Issues Before the Court

Whether the person continues to be a member of a Scheduled Castes and Tribes after he embraces another religion?

Ratio of the Case

The appellant had shown through circulars issued by the State of Kerala that despite converting into other religions, tribes treated their members in the same way as they did before. An argument has been made that the victim’s family does not fall in the category of the Scheduled Tribes, as they are embracing Christianity for 200 years. The caste system is a feature of Hindu society and, if a person renounces Hinduism, he also ceases to be a member of the caste.

The Madras High Court held that a person professing a religion other than Hinduism could be a member of a caste. It is possible where a caste is not based on religion but on economic and occupational characteristics. In South India, some caste accepts a person being a member of a caste even after conversion.

The Andhra Pradesh High Court held that the person could be governed by a different law than the law governing his community. However, this does not cease him to be a member of the caste he belongs.

Decision of the Court

The Court held that as a broad proposition of law, it cannot be accepted that a person ceases to be a member of the Scheduled Tribes merely by conversion into another religion. The facts of the cases can determine whether the person ceases to be a member of the Scheduled Tribes. The court needs to see whether the person who changed his religion continues to suffer from a social disability. And if he follows the rules, customs, and the tradition of the community he belonged to?

This Case Analysis is written by Gracy Singh, a student of 2^nd Year BA.LLB (Hons.) from Mody University of Science and Technology, Lakshmangarh, Rajasthan.

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Introduction

“Competition is not only the basis of protection to the consumer but is the incentive to progress” By Herbert Hoover

Competition is a fundamental component in the lives of consumers. For the consumers, competition in the economy is a pivotal factor in deciding advantages, suitable costs, and the assortment of decisions to look over. At the point when a layman opines competition, the person likely has two pictures as a primary concern. The first is a game or sporting event, wherein two uniformly coordinated with rivals, play a vivacious, however firmly challenged, match like the match between Real Madrid vs Barcelona. The second is a market that takes after a scrum in a rugby match with various firms scrambling for each piece of business — the more diverse, the more competitive.

When there are exercises that hamper the opposition, the consumers are the absolute first party that gets influenced, and subsequently comes the economy of a nation.

Meaning & Concept of Cartel

A cartel is an organization made from a proper arrangement between a party of makers of a good and service to manage supply to operate or control costs. Specifically, a cartel is an assortment of in any case autonomous organizations or nations that act together as though they were a solitary maker and accordingly can fix costs for the products they produce and the services they render, without competition. For example, the Organization of Petroleum Exporting Countries (OPEC) is the world’s biggest cartel. It is a group of 14 oil-producing nations whose mission is to arrange and bind together the petrol strategies of its member nations and guarantee the adjustment of oil markets.

Section 2 (c) of the Competition Act, 2002 defines cartels as an association of makers, sellers, wholesalers, shippers, or specialist organizations who, by agreement, restriction, control or endeavor to control the creation, dissemination, vending or cost of or exchange merchandise or the dispense of services.

In the case of Union of India v. Hindustan Development Corporation, the cartel was an association of makers who, by shared arrangement, endeavored to control the creation, deal, and costs of the item to acquire a monopoly in a specific sector or product. This adds up to an inequitable business practice that is not in the public interest. The aim to gain monopoly power might be communicated when such a cartel is established by a portion of the makers.

Essentials of Cartel

There are three essentials of the Cartel that are:

The presence of agreement or agreement between the contenders.

The agreement concerns makers, venders, wholesalers, merchants or specialist co-ops, which the parties engage in something similar or comparative exchange or service.

The agreement restricts, restrict, control or endeavor to control the creation, circulation, vending, cost or exchange of goods or services.

The direct opposite of competition is the monopoly, which as a rule happens when fewer makers, rather than contending, meet and structure an association or cartel. The monopoly made by the cartels is all things considered, not helpful for progress. It stunts development and hampers the improvement of the way of life of the populace.

Cartels are the most appalling infringement of competition law and are broadly viewed as the most inimical anti-competitive of conduct available today and are prohibited in many nations. The agreements essential for the agreements considered to have a huge unfavorable impact on competition. Cartels can happen in practically any sector and may include labor and products at the assembling, dispersion, and retail levels.

Cartels a Dangerous Concept

Agreements between endeavors occupied with the exchanging of goods or the agreement of indistinguishable or comparative services, including cartels, of four kinds mentioned in the law, are trusted to have a huge unfavorable impact on competition and are anti-competitive and anti-competitive vacant.

Although, the agreements of the four types alluded in law, are not expected to have a material antagonistic impact on competition and are excluded from agreements of Section 3 of the Competition Act in the event that they increment the productivity of the creation, supply, dispersion, storage, procurement or control of goods or the agreement of services. Agreements other than those alluded in section (3) of the Competition Act, incorporates:

Tie-in course of agreement.

An exclusive inventory agreement.

A select appropriation agreement.

A refusal to agreement.

Resale value service.

The Leniency Strategy

Section 46 of the Competition Act enables the Commission to allow leniency by forcing a lesser punishment on an individual from the cartel who gives total, honest and fundamental data about the agreements. The framework is intended to urge individuals to take part in the detection and search of agreements.

This framework depends on the rule that the discharge of cartels requires proof given by an individual from the cartel. Comparative leniency frameworks have demonstrated valuable for competition experts in distant jurisdictions to effectively indict cartels.

The Commission has advised the 2009 Guideline of the Indian Competition Commission (least punishment) setting the interaction, strategy, and technique for allowing leniency to individuals from the cartel that fall inside the extent of the cartel and who become valuable to the Commission and assisted with taking out the supposed cartels.

Judicial pronouncements on Cartel

In the case of Price Parallelism vs. Price Fixing, the Alkali & Chemical Corporation of India Ltd. And Bayer India Ltd. Furthermore, Bayer India Ltd, the organizations were occupied with the assembling and offer of elastic synthetics and held a prevailing portion of the absolute market for these items. Charges were laid against them, raising them to indistinguishable costs five or multiple times approximately the same date. Notwithstanding, there was no immediate proof accessible behind the cost increment.

In the case of DG vs. Modi Alkali and Chemicals Limited, a complaint was registered that some of the biggest organizations in northern India have shaped a cartel to raise costs for their items. The costs of chlorine gas and hydrochloric acid rose by 277% and 200% separately in six and four months in 1992. This brought about an agreement between the parties to make a counterfeit lack to raise the costs of their items. Since raw material costs, specifically sodium chloride and electricity, remained essentially unaltered, this would be an anecdotal emergency made to exploit the market and increment the costs of their items.

Conclusion

The Competition Commission of India (CCI) is a proactive controller and has prominently been embraced backing drives to add to the talk between market rivalry controllers and potential leniency candidates. Hence, there has been a rise in the tally of leniency cases in India which is cogitative of careful attention to the leniency system in the country. Simultaneously, there is an obvious pattern in the tally of bid-fixing issues, particularly in the area of public acquisition. Given the desolation that anti-competitive exercises can unleash on the sustainable monetary advancement of the country, the Competition Act should be pushed into the spotlight now more than ever.

This article is written by Ajay Kataria, from Dr. B.R. Ambedkar National Law University, Sonepat, Haryana.

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About RMLNLU:

Dr. Ram Manohar Lohiya National Law University, formerly Dr. Ram Manohar Lohiya National Law Institute, is an institute for law in Lucknow, Uttar Pradesh, India. Dr, RMLNLU was established in 2005, and since then, has been providing undergraduate and postgraduate legal education.

About the Journal:

RMLNLU Law Review (‘Journal’) is an annual peer-reviewed Journal published by the Journal Committee of Dr. Ram Manohar Lohiya National Law University, Lucknow which seeks to provide numerous insights and views into contemporary legal issues and encourage conversations about the same. The RMLNLU Law Review runs parallel to the RMLNLU Law Journal on CMET (Communications, Media, Entertainment, and Technology).

After having celebrated eleven years of immense success and acclaim as a reputed Journal, we are pleased to announce the call for papers for Volume XII of the RMLNLU Law Review. The expertise and experience of the diversely composed Advisory Board which has representation in the form of professors, advocates, and legal professionals, is to provide a holistic review of each article and uphold the standard of the articles that finally get accepted for publication; with there being a great emphasis on quality research, relevancy of topic and novel contributions in the scrutiny phase of review.

Call for Papers:

The Journal accepts submissions from law students and professionals all over the country and abroad in the form of:

Articles: 5000-7000words
Essays: 4000-5000words
Case notes/comments: 2000-3000words
Book Reviews: 2000-3000words

The submissions may be on any contemporary legal issue. The authors are expected to adhere to the prescribed word limit (excluding footnotes and abstract), as indicated above.

Each of these entries shall be required to conform to the set of guidelines that follow.

Submission Guidelines:

The formatting shall be as per the following:

Content:

Font – Times NewRoman
Font size – 12pts.
Line spacing –1.5
Margin – 1” from allsides
Alignment – Justified

Footnotes:

Font – Times NewRoman
Font size – 10pts
Line Spacing –1.0
All the sources in the footnotes must be properly cited strictly in accordance with the latest OSCOLA (4th edition) format. No endnotes or speaking footnotes (descriptive footnotes) areallowed.

General Instructions:

An abstract of about 250-300 words and 5 keywords should be mandatorily included in the same word document as a part of thesubmission.
The title should be Bold, Underlined, in Capitals, Size 16, and CentreAligned.
Headings should be Bold, in Capitals, Size 14, and leftaligned.
The contents should in no way, directly or indirectly, indicate or reference the identity of theauthor(s).
The submission should be original and non-plagiarized. They should exhibit originality in thought, critical evaluation, and careful interpretations. Submission of a paper shall be taken to imply that it is an unpublished work and is not being considered for publication elsewhere.
The author(s) must send in the cover letter in the body of the mail, which must contain all the relevant biographical details (Name of the author(s), their degrees, Designation, Name of College/University/Institution, Postal Address, Phone Number and Email ID). A separate attachment as a cover letter will not beentertained.
The mail bearing the manuscript must indicate the category that the submission is intended for, i.e. Article/ Essay/ Case Comment/ BookReview.
Co-Authorship to a maximum of two members is allowed. However, co-authorship is not allowed in “book reviews” and “casenotes/comments”.
Editors’ decision shall be final and binding. They reserve the sole rights to the publication of the selected articles in addition to; inter alia, any edits/amends/reproduction.
The contributions presented to and accepted for publication and the copyrights therein shall be the intellectual property of the Journal Committee,RMLNLU.

How to Submit?

The submissions may be emailed to lawreview.rmlnlu[at]gmail.com in Microsoft Word (.doc or .docx) format. The attached submission in the email, i.e., the name of the document must be the name(s) of theauthor(s).

The subject title for the mail must be ‘Article/Essay/Case Comment/Book Review for Volume XII’. Please note that only one submission per author or a team of co-authors is permissible. In case of more than one submission, only the one received first would be considered forreview.

Submission Deadline And Review:

The deadline for submission of the manuscript is 26 September 2021.

There shall be a rigorous review process comprising 3 stages. Members of the Advisory Board will be closely involved in the review process. This would ensure a greater standard of review and identification of quality academic writing. The authors shall be intimated about the status of their manuscript at every stage.

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Email: lawreview.rmlnlu@gmail.com

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About Manipal University, Jaipur:

Manipal University Jaipur (MUJ), India is a co-educational, residential, private research university located in Jaipur, Rajasthan. It is the fifth university established by Manipal Global Education Services. Courses and programs offered by the university are in the fields of Engineering, Architecture, Interior Design, Fashion Design, Fine Arts, Hospitality, Humanities, Journalism and Mass Communication, Basic Sciences, Law, Commerce, Computer Applications, and Management.

About the Competition:

Mooting is one of the most essential skills for any law professional. Moots Courts or Mock Trials are usually based on hypothetical cases, involving emerging or unsettled areas of law. Law students, who participate in these activities, are given the opportunity to develop their research, legal writing, and oral advocacy skills in a mock courtroom setting. Additionally, moot court presentation includes professional legal etiquettes in the students which equip them to adapt to courtroom practices.

The 1st LMLRO National Moot Court Competition, 2021 has been introduced to students pursuing the law course during these times, to try and enhance the research and advocacy skills among the coming generation of the legal fraternity. This moot will enrich the students with their research as well as mooting skill and our endeavor would be to carry forward the chain of law learning process even during this time of the pandemic.

Eligibility:

All the students are currently enrolled in either a three-year LL.B or five-year BA.LLB programme are eligible for competing in this Competition.

Important Dates:

Clarification of doubts- July 23, 2021
Memorial Submission – August 3, 2021
Submission of recorded video for Preliminary rounds- August 5, 2021
Quarter Finals and Semi Finals – August 7, 2021
Final Round – August 8, 2021
Valedictory Ceremony- August 8, 2021

Registration fees:

Registration fees – 1200/ INR per team
Early birds – 800/INR per team

Payment details:

Name: RAHUL KUMAR RAY
Account Number: 919582850331
IFSC Code: PYTM0123456
UPI ID: 9582850331@paytm
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Job Description :

Providing support for wind turbine business units during bid and proposal, contract formation and execution phases. The Candidate must thoroughly review and negotiate complex terms and conditions with client and obtain management approval of deviations in accordance with risk assessment guidelines.
Provide legal support to the sales and business organizations through drafting EPC agreement, amendments, renewals, service agreements, memorandum of understanding, non-disclosure agreements, consortium agreements, shareholder agreements, share purchase agreements, terminations, settlements & dispute resolution and other types of agreements as required. Negotiate complex project or service contracts developing strategy, ploys and the tactics required to protect and support Company?s reputation for fair business practices and ethics.
Assisting the business in compliance with all various legal requirements. Advising on minimal liability and legal exposure for the business and ensuring that the legal documents and other contractual documents are effectively drafted, reviewed, interpreted, and vetted.
Representing the company in ensuring the efficient handling and winning resolution of all negotiations and disputes.
Anticipate contracting issues and initiate appropriate actions to ensure contractual documents are processed efficiently and in accordance with business unit practices and company policies and guidelines.
Exercise reasonable judgment within generally defined practices and policies in selecting methods and techniques for obtaining contracting solutions.
Interface with various internal business units (Sales, BD, Finance, Technical, Regulatory, Intellectual Property, etc.) to ensure contractual documents are drafted correctly to ensure revenue can be recognized appropriately.
Assist on legal issues related to general corporate matters
Assist on regulatory issues related to the renewable industry in India
Assist on compliance matters and compliance training for India

Qualifications :

LLB/ LLM

How to Apply?

https://www.suzlon.com/in-en/careers/job-opportunity/164/Corporate%20&%20Contract%20-%20Legal

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Introduction

Who is included?

Reservation and the India Constitution

Views of the Supreme Court

Conclusion

One-party Domination and Coalition Phase:

The First Phase:

Development Phase after 1988:

Drawback:

Negligence:

Negligence by Professionals:

Medical Negligence:

Medical Negligence during a pandemic:

Conclusion:

Introduction

Historical Background

Reservation in India

Constitutional Provisions for Governing Reservations in India

Why is it Necessary to Evaluate the System?

Conclusion

Case Number

Equivalent Citation

Bench

Decided On

Relevant Act/ Section

Brief Facts and Procedural History

Issues Before the Court

Ratio of the Case

Decision of the Court

Introduction

Meaning & Concept of Cartel

Essentials of Cartel

Cartels a Dangerous Concept

The Leniency Strategy

Judicial pronouncements on Cartel

Conclusion

About RMLNLU:

About the Journal:

Call for Papers:

Submission Guidelines:

How to Submit?

Submission Deadline And Review:

Contact Info:

For regular updates, join us:

Visit us for more such opportunities: http://lexpeeps.in/

About Manipal University, Jaipur:

About the Competition:

Eligibility:

Important Dates:

Registration fees:

Payment details:

Name: RAHUL KUMAR RAYAccount Number: 919582850331IFSC Code: PYTM0123456UPI ID: 9582850331@paytmPaytm/GPay/Phonepe- 9582850331

Contact Information:

Email- mootcourtsociety.lawmaven@gmail.comPh No- 9582850331

Registration Link:

Official Deatails:

For regular updates, join us:

Visit us for more such opportunities: http://lexpeeps.in/

Job Description :

Qualifications :

How to Apply?

For regular updates, join us:

Visit us for more such opportunities: http://lexpeeps.in/

Name: RAHUL KUMAR RAY
Account Number: 919582850331
IFSC Code: PYTM0123456
UPI ID: 9582850331@paytm
Paytm/GPay/Phonepe- 9582850331

Email- mootcourtsociety.lawmaven@gmail.com
Ph No- 9582850331