Supreme Court of India · 2016-09-29
Govt. Of Bihar And Ors. Etc Etc vs Dayanand Singh Etc. Etc
- Citation / case number
- AIR 2016 SUPREME COURT 4828
- Court
- Supreme Court of India
- Petitioner
- Govt. Of Bihar And Ors. Etc Etc
- Respondent
- Dayanand Singh Etc. Etc
- Bench
- Abhay Manohar Sapre, J. Chelameswar
Judgment text excerpt
The Supreme Court ruled that the Bihar Reservation of Vacancies in Posts and Services Act, 1991, which aimed to provide reservation for SC/ST/OBC in judicial services, is unconstitutional as it conflicts with Articles 233 and 234 of the Constitution. The Court emphasized that appointments to judicial posts must be made in accordance with the provisions of the Constitution, requiring consultation with the High Court. Consequently, the Court held that the State Legislature lacks the authority to legislate on the appointment of judicial officers, rendering Section 4 of the Act inapplicable to judicial services.