Case: Ashok Kumar Thakur v. Union of India Notes - CLAT

• Whether the Ninety-Third Amendment of the Constitution is against the “basic structure” of the Constitution?

The Constitution (Ninety-Third Amendment) Act, 2005 does not violate the “basic structure” of the Constitution so far as it relates to the state maintained institutions and aided educational institutions. Question whether the Constitution (Ninety-Third Amendment) Act, 2005 would be constitutionally valid or not so far as “private unaided” educational institutions are concerned, is left open to be decided in an appropriate case.

• Whether exclusion of minority educational institutions from Article 15(5) is violative of Article 14 of Constitution?

Exclusion of minority educational institutions from Article 15(5) is not violative of Article 14 of the Constitution as the minority educational institutions, by themselves, are a separate class and their rights are protected by other constitutional provisions.

• Whether “Creamy Layer” is to be excluded from SEBCs?

“Creamy Layer” is to be excluded from SEBCs. The identification of SEBCs will not be complete and without the exclusion of “creamy layer” such identification may not be valid under Article 15(1) of the Constitution.

• Whether the “creamy layer” principle is applicable to Scheduled Tribes and Scheduled Castes?

“Creamy Layer” principle is not applicable to Scheduled Castes and Scheduled Tribes.