The Supreme Court in its important decision in August 2009 said that a community being listed as Scheduled Caste and Scheduled Tribe in one state will not be entitled to get reservation in another state or union. The bench said that the Central and State Governments can make reservation policy under Articles 15 and 16 of the Constitution but such policy and decision should not violate other provisions of the Constitution.
MP Local Area Development Scheme constitutional: Supreme Court
In an important decision on January 21, 2009, the Supreme Court held the MP Local Area Development Scheme, under which each MP is given an amount of Rs 2 crore for the development of his area, as constitutional. This decision was given in the context of petitions in which questions were raised on the constitutionality of this scheme. Five judges, Chief Justice K.G. Balakrishnan, Justice R.V. Ravindran, D.K. Jain, P. Sathasivam and J.M. The Constitution Bench of Panchal, senior advisor K.K. This decision was given after hearing Venugopal and Prashant Bhushan on behalf of the petitioners and Additional Solicitor General on behalf of the Central Government.
Owner has right over mineral wealth subsoil: Supreme Court
In response to the petitioner's counsel, the Solicitor General said that this scheme does not interfere in any way with the concept of Indian federalism and centre-state powers.
According to the Additional Solicitor General, so far as its constitutionality is concerned, Article 282 of the Constitution provides that the Union or a State may make any grant for any public purpose, notwithstanding that the purpose is not one in respect of which, as the case may be, , the Parliament or the Legislature of that State can make laws. The Center also indicated that in addition to the MP Local Area Development Scheme, the Integrated Child Development Scheme, Targeted Public Distribution Scheme and National Rural Health Scheme have been implemented towards strengthening Article 282.