State of Bihar vs Bal Mukund Sah

 State of Bihar vs Bal Mukund Sah AIR 2000 SC 1296

This case is about Reservation in Judicial Services. In Bal Mukund Sah case Supreme Court declared that state act seeking to make reservation for Schedule Castes, Schedule Tribes and OBCs in subordinate judiciary unconstitutional, as the State enacted the Act without any consultation with the concerned High Court. The Court has insisted that Article 16(4) must be read with Article 335. This meas that maintenance of efficiency of administration in the making of appointments to services and posts is a sine qua non before considering  the case for reservation in judicial services. Further High Court must be consulted before enacting any such law as according to Article 235, the High Court is entrusted with full control over subordinate judiciary. The Supreme Court has asserted that the "independence of the judiciary" and "separation of powers between the Legislature, Executive and the Judiciary" are the two principles with constitute the "basic structure of the Constitution" and thus principles cannot be violated by any law.


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