Browsing: social justice

Madhya Pradesh is defending its decision to increase OBC reservation from 14% to 27%, taking total reservations to 73%, above the 50% ceiling set by the Supreme Court. The state cites the large OBC population and their underrepresentation in public services. The case raises legal questions about balancing affirmative action (Articles 15(4) and 16(4)) with equality principles. Key precedents, including *Indra Sawhney* and *M. Nagaraj*, guide how reservations can exceed 50% only in extraordinary circumstances, supported by data on backwardness, inadequate representation, and administrative efficiency. The Supreme Court will examine these issues in its upcoming hearing.

Justice P.N. Bhagwati (1921–2017), former Chief Justice of India, transformed Indian constitutional law through judicial activism, PIL, and the doctrine of absolute liability. He expanded Article 21 to include dignity, fairness, and socio-economic rights, championed bonded labor abolition, strengthened judicial independence, and made justice accessible even via letters. Landmark cases like Maneka Gandhi, Francis Coralie Mullin, Bandhua Mukti Morcha, MC Mehta, and SP Gupta reflect his philosophy of a living Constitution serving the marginalized. Despite his controversial role in ADM Jabalpur, Bhagwati’s legacy lies in embedding human dignity, accountability, and access to justice at the heart of Indian jurisprudence.