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.