Live Law

2024-02-07 09:07:39.0

  • Nafde : article 341 only empowers the president to identify and notify the SCs thereafter the legislative competence of state u/a 246 r/w list 2 and 3 of the 7th schedule get triggered r/w article 15(4) and and 16(4). All these constitutional schemes permits the state to enact the law and lordships are aware that executive power is coextensive with the legislative power. In Balaji the court has held that to make reservation policy it is not necessary to enact a law it can also be done by an executive fiat. Chinnaiah holds that subclassification is inconsistent with article 341. Now the wording of article 341 and the conclusion that the subclassification is inconsistent with article 341, there is not connecting link. 

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