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Article 15(5) was declared as the ‘basic structure’ of Indian Constitution in which of the following case by the Supreme Court ?
- a)Ashok Kumar Thakur V/s Union of India
- b)Indian Medical Association V/s Union of India
- c)Bachpan Bachao Andolan V/s Union of India
- d)All of the above
Correct answer is option 'A'. Can you explain this answer?
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Article 15(5) was declared as the ‘basic structure’ of Ind...
Declaration of Article 15(5) as Basic Structure of Indian Constitution
The Supreme Court of India declared Article 15(5) as the basic structure of the Indian Constitution in the case of Ashok Kumar Thakur v. Union of India.
Background:
The case was filed by a group of students belonging to the Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) against the implementation of 27% reservation for Other Backward Classes (OBCs) in government-funded educational institutions. The students argued that the implementation of the reservation policy violated their fundamental right to equality under Article 14 of the Constitution.
Supreme Court's Verdict:
The Supreme Court upheld the validity of the OBC reservation policy but also declared Article 15(5) as the basic structure of the Indian Constitution. The court held that any law or policy that violates the principles of Article 15(5) would be unconstitutional.
Article 15(5):
Article 15(5) was added to the Constitution by the 93rd Amendment Act, 2005, and it provides for the reservation of seats in educational institutions for socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
Basic Structure Doctrine:
The basic structure doctrine is a principle of Indian constitutional law that states that certain features of the Constitution are so fundamental that they cannot be amended or abrogated by the Parliament. The doctrine was first propounded by the Supreme Court in the case of Kesavananda Bharati v. State of Kerala.
Conclusion:
The declaration of Article 15(5) as the basic structure of the Indian Constitution by the Supreme Court in the Ashok Kumar Thakur case is significant as it ensures that any law or policy that violates the principles of reservation or affirmative action for socially and educationally backward classes would be unconstitutional.
The Supreme Court of India declared Article 15(5) as the basic structure of the Indian Constitution in the case of Ashok Kumar Thakur v. Union of India.
Background:
The case was filed by a group of students belonging to the Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) against the implementation of 27% reservation for Other Backward Classes (OBCs) in government-funded educational institutions. The students argued that the implementation of the reservation policy violated their fundamental right to equality under Article 14 of the Constitution.
Supreme Court's Verdict:
The Supreme Court upheld the validity of the OBC reservation policy but also declared Article 15(5) as the basic structure of the Indian Constitution. The court held that any law or policy that violates the principles of Article 15(5) would be unconstitutional.
Article 15(5):
Article 15(5) was added to the Constitution by the 93rd Amendment Act, 2005, and it provides for the reservation of seats in educational institutions for socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
Basic Structure Doctrine:
The basic structure doctrine is a principle of Indian constitutional law that states that certain features of the Constitution are so fundamental that they cannot be amended or abrogated by the Parliament. The doctrine was first propounded by the Supreme Court in the case of Kesavananda Bharati v. State of Kerala.
Conclusion:
The declaration of Article 15(5) as the basic structure of the Indian Constitution by the Supreme Court in the Ashok Kumar Thakur case is significant as it ensures that any law or policy that violates the principles of reservation or affirmative action for socially and educationally backward classes would be unconstitutional.
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Article 15(5) was declared as the ‘basic structure’ of Indian Constitution in which of the following case by the Supreme Court ?a) Ashok Kumar Thakur V/s Union of Indiab) Indian Medical Association V/s Union of Indiac) Bachpan Bachao Andolan V/s Union of Indiad) All of the aboveCorrect answer is option 'A'. Can you explain this answer?
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Article 15(5) was declared as the ‘basic structure’ of Indian Constitution in which of the following case by the Supreme Court ?a) Ashok Kumar Thakur V/s Union of Indiab) Indian Medical Association V/s Union of Indiac) Bachpan Bachao Andolan V/s Union of Indiad) All of the aboveCorrect answer is option 'A'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Article 15(5) was declared as the ‘basic structure’ of Indian Constitution in which of the following case by the Supreme Court ?a) Ashok Kumar Thakur V/s Union of Indiab) Indian Medical Association V/s Union of Indiac) Bachpan Bachao Andolan V/s Union of Indiad) All of the aboveCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Article 15(5) was declared as the ‘basic structure’ of Indian Constitution in which of the following case by the Supreme Court ?a) Ashok Kumar Thakur V/s Union of Indiab) Indian Medical Association V/s Union of Indiac) Bachpan Bachao Andolan V/s Union of Indiad) All of the aboveCorrect answer is option 'A'. Can you explain this answer?.
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