Judgement of the day- Ashok Kumar Thakur Vs Union of India

By Akshay Sharma

Citation- [1] 2008 6 SCC 1


Issue 1:

Whether the 93rd Constitutional Amendment is violative of the “Basic structure” of the Constitution of India?

Decision :

The Constitution( Ninety-Third Amendment) Act, 2005 does not violate the “basic structure” of the constitution of India so far as it relates to the state maintained institutions and aided educational institutions.


Issue 2:

Whether the elimination of minority educational institutions from Article15(5) is against Article 14 of the Indian Constitution?

Decision:

No, Elimination of minority educational institutions from Article 15(5) is not against Article 14 of the Indian Constitution as the minority educational institutions, by there own, are a separate class or community, and their rights are protected by other provisions of Indian Constitution.


Issue 3:

Whether “Creamy Layer” is to be barred from SEBC’s?

Decision:

Yes, “Creamy Layer” is to be barred from SEBC’s. The identification of SEBCs will not be absolute and until the exclusion of “Creamy Layer,” such identification may not be valid under Article 15(1) of the Indian Constitution.


Issue 4:

Whether the “creamy layer” rule is applicable to STs and SCs?

Decision:

No, the “Creamy Layer” rule is not applicable to SCs and STs.

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