What is Kihoto hollohan 1992?

Supreme Court’s Ruling: The Supreme Court in the Kihoto Hollohan versus Zachillu and Others, 1992 has said that judicial review cannot be available at a stage prior to the making of a decision by the Speaker/Chairman. Nor would interference be permissible at an interlocutory stage of the proceedings.

Which law was in question in Kihoto hollohan vs Zachillhu?

Zachilhu & Ors., AIR [1993 SC 412]. This case is considered to be a landmark case on anti-defection laws in India vis-à-vis significance of this case revolves around questioning the constitutional validity of the 10th Schedule initiated by the Constitution (52nd Amendment) Act, 1985.

What is 52nd Amendment Act?

The amended act maintained that the a member disqualified due to defection should not hold any ministerial post or any other remunerative political post until the term of his office as a member expired.

What is M Nagaraj case?

Case Description. In 2006, the Court delivered its judgment in M. Nagaraj v. Union of India. In it, the Court validated Parliament’s decision to extend reservations for SC/STs to include promotions (reservation in promotion).

What is Minerva Mills case UPSC?

Minerva Mills v. In the Minerva Mills case, the Supreme Court held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles. They together constitute the core of the commitment to social revolution.

What is IR Coelho case?

The I.R. Coelho case is one of thelandmark decisions on the interpretation of the doctrine of basic constitutional structure as laid down in the Kesavananda Bharati case. The case arose from a referral order issued by a five-judge constitution bench in 1999.

What is the 73rd Constitutional amendment?

The 73th Amendment envisages the Gram Sabha as the foundation of the Panchayat Raj System to perform functions and powers entrusted to it by the State Legislatures. The amendment provides for a three tier Panchayat Raj System at the village, intermediate and district levels.

What is 52 amendment give reason of its importance?

The 52nd Amendment Act of 1985 is popularly known as Anti-Defection Law because it provided for disqualification of members of Parliament and state legislatures on the ground of defection and added a new Tenth Schedule containing the details in this regard. Further Reading: Important Amendments in Indian Constitution.

What is BK pavitra case?

The court ruled that the enactment was compliant with the principles enunciated in the Constitution Bench decisions in Jarnail where it was established that the creamy layer concept was applicable on OBCs but was exclusive of SCs and STs and in the current case the reservations were for SCs and STs and were non- …

What is 81st Amendment?

The Government, after considering various representations, reviewed the position and has decided to make amendment in the constitution so that the unfilled vacancies of a year, which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) of …

Who won the Kesavananda case?

In a verdict divided 7-6, the court held that while the Parliament has ‘wide’ powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution.

Who won in Minerva Mills case?

By a verdict of 4-1, with Justice P. N. Bhagwati dissenting, the court held section 4 of the 42nd Amendment to be unconstitutional.

What is the significance of Kihoto Hollohan case?

Kihoto Hollohan case referred to as the case where the constitution bench of the Supreme Court analyzed in detail the various provisions of the 52nd amendment of the constitution which inserted the Tenth schedule.

What is Kihoto Hollohan V Zachillhu and Ors?

Kihoto Hollohan v. Zachillhu and Ors. Kihoto Hollohan case referred to as the case where the constitution bench of the Supreme Court analyzed in detail the various provisions of the 52nd amendment of the constitution which inserted the Tenth schedule.

What is the 28 Yo Kihoto Hollohan judgment?

The 28 YO Kihoto Hollohan judgment has found its relevance in the case of ousted Rajasthan Dy. CM and some MLAs who were issued a notice under the anti-defection law.