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april 2008

Supreme Court of India · 2008-04-10

Ashoka Kumar Thakur vs Union Of India & Others

Court
Supreme Court of India
Petitioner
Ashoka Kumar Thakur
Respondent
Union Of India & Others
Author
Dalveer Bhandari
Bench
Dalveer Bhandari

Judgment text excerpt

The Supreme Court examined the constitutionality of Article 15(5) introduced by the 93rd Amendment, which allows for reservations in educational institutions. The Court emphasized the constitutional goal of establishing a casteless and classless society, referencing the Preamble and statements from the Constituent Assembly. It held that the principle of excluding the 'creamy layer' is essential to ensure that the benefits of reservation reach the truly disadvantaged, thereby reinforcing the doctrine of equality under Article 14 and Article 15 of the Constitution.

Ashoka Kumar Thakur vs Union Of India & Others · Niyam