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UPSC Dictionary

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Article 368 deals with the power of Parliament to amend the Constitution, but the 'basic structure' cannot be altered (Kesavananda Bharati case, 1973).

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UPSC Dictionary

[Abeda Salim Tadvi v Union of India]

Abeda Salim Tadvi v Union of India is a landmark judgment of the Supreme Court of India, arising from a Public Interest Litigation (PIL) filed in 2019 (W.P.(C) No. 001149/ 2019). The PIL was filed by Abeda Salim Tadvi and Radhika Vemula, the mothers of Payal Tadvi and Rohith Vemula, respectively, who died by suicide after allegedly facing caste-based discrimination in higher education institutions (HEIs). The case originated to address the systemic problem of widespread caste-based discrimination on campuses and the failure of the existing framework, specifically the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012, to curb it effectively.

The core mechanism of the judgment is the Supreme Court's continuous supervision and direction to the University Grants Commission (UGC) to create a "very strong and robust mechanism". The ratio decidendi of the case is that the Supreme Court directed the UGC to notify enforceable regulations to create a robust, time-bound mechanism to address caste-based discrimination and prevent student suicides in higher education institutions, following the ineffective implementation of the 2012 regulations.

The case connects directly to the constitutional mandate against discrimination under Article 15. Pursuant to the Court's directions, the UGC framed the UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026. However, the Supreme Court recently stayed the operation of the 2026 Regulations on January 29, 2026, due to concerns over vagueness and possible misuse, particularly regarding the definition of caste-based discrimination in Regulation 3(1)(c). The Court invoked its extraordinary power under Article 142 of the Constitution to direct that the older UGC Equity Regulations, 2012, shall continue in force to avoid a regulatory vacuum. The case remains pending, with the Court continuing to monitor the creation of an effective anti-discrimination framework.

References

  • verdictum.in
  • samsamayikghatnachakra.com
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  • sabrangindia.in
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  • casemine.com
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