SC: Referring Bench can pass interim orders while sending matters to a larger Bench

The Hon’ble Supreme Court, on 9th September 2020, in the matter of Dr. Jaishri Laxmanrao Patil v. The Chief Minister & Anr.  pronounced that there is no absolute rule to restrain interim orders being passed when an enactment is ex facie un-constitutional or contrary to the law laid down by the Supreme Court.

The Hon’ble Supreme Court observed that:

Normally an interim order is not passed to stultify statutory provisions. However, there is no absolute rule to restrain interim orders being passed when an enactment is ex facie un-constitutional or contrary to the law laid down by the Supreme Court. (Para 11)

There is no bar per se for the referring Bench to pass interim orders while sending matters to a larger Bench. (Para 12)

The factors termed as extraordinary and exceptional, justifying reservations in excess of 50 per cent are those required for the purpose of providing reservations. The social, educational and economic backwardness of a community, existence of quantifiable data relating to inadequacy of representation of the community in public services and deprivation of the benefits flowing from reservations to the community are not exceptional circumstances for providing reservations in excess of 50 per cent. (Para 16)

Copy of judgement: Judgement_09-Sep-2020

-Adv. Tushar Kaushik

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