Ashok Kumar Thakur v. Union of India, 1972 (1) SCC 660

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INTRODUCTION:

In India, there are many underprivileged people, especially from those classes and groups that were once labeled as belonging to low and having low status in society and were not treated equally and were having equal standing in the society. Every government since the country’s independence has made a commitment to eliminating the social evils from our society India has a long history who belong to a caste-based society and become rigid in nature with time. Our constitution creators desired a class and caste-free society for India. They want India’s disparities to be eliminated or remove all the inequalities from the country. Article 15 and Article 46 of the constitution of India mostly reflected this particular idea which talks about the prohibition on the grounds of religion, race, caste, place of birth, and sex.

There are various arguments on both sides some claim that reservation some claim that reservation may lead to positive discrimination or reserve description, while others contended that it is unfair when society excludes a group of people from mainstream services like education before eventually releasing them and telling them to compete with everyone also at the starting line.

THE FACT OF THE CASE:

In this case, the petitioner’s adherence to the Central education institution in quota in admission acts 2006 27% other backward classes quota policy was contested. The act is contested on the grounds that the Union of India upheld its legal and constitutional obligations to its citizens and that it would have a significant effect that would ultimately result in dividing the country on a caste basis. The supreme court postponed the application of the 27% quota rule for OBCs seeking admission to clinical and professional institutions for the academic year 2007-2008 and ordered that including this case that, be scheduled for the final hearing during the third week of August. The court ruled that it was not possible to identify OBCs from other groups to provide reservations using data from the 1931 census. In any case that emphasized that the scheduled caste and scheduled tribe couldn’t be retained and the center can proceed with the recognizable proof cycle of provable evidence to determine the retrogressive classes. In the year 2006, the parliament enacted the Constitution 93rd amendment act which put 2005 the private unaided educational institution under the Ambit of reservation policy of the state and promote education interest towards the educational institutions of weaker sections of the society By the constitution (first amendment act) 1951 clause 4 of the article 15 was introduced. In this clause educational institution was stated however, the phrase “admission to the educational institution” was left out. The constitutional legality of the constitution of India 93rd amendment act, 2005 was also challenged.

ISSUES RAISED:

• Whether the Ninety-Third Amendment Act of the Indian constitution violates the basic structure of the Indian constitution?
•  Whether the exclusion of the minority education institution from article 15(5) is violative article 14 of the constitution?
• when assessing social and educationally backward classes under section 2(g) of the Central educational institution (Reservation in Admission) Act, should the Creamy layer be excluded?

RELATED PROVISIONS:

. 93rd Constitution Amendment Act,2005.

. Article 14 of the Constitution of India

. The Central educational institution Act,2006.

THE CONTENTION OF THE PETITIONER:

The petitioners argued that the state was not obligated to treat a certain class of citizens those who belonged to socially and educationally underprivileged classes in a certain way forever. The state violated the rights guaranteed under Article 14 of the constitution of India.

THE CONTENTION OF THE RESPONDENT:

The respondent argued that the petition presented important legal issues and constitutional interpretation that should be heard by a bench of at least five judges.

JUDGEMENT:

In this case, the court held that the 93rd amendment act,2005 of the constitution does not violate the basic structure of the constitution of India. In this instance, the Union of India argued that discrimination in employment and education does not violate the constitution’s fundamental principles and equality code of the basic structure of the constitution. Reservation is of the many tools that you can promote and the duty of the State to take positive measures for the upliftment of the weaker sections. Article 46 of the constitution of India casts a duty on the states to promote with special care the educational and economic interests of the weaker sections and in particulars of the scheduled caste and the scheduled tribe and shall protect them from social injustice. Reservation provides an extra advantage to those who without such support can only dream of a University education therefore it Is not violative of Article 15(1) of the constitution of India the state shall not discriminate against any citizen on the grounds of religion, race, caste, sex place of birth.

The supreme court observed that the basic structure doctrine of the constitution has adopted changes in human behavior or in human affairs basically the basic structure has to be changed according to the changes that take place in society. The larger principles of equality like Articles 14,15 and 16 of the constitution of India are the principal parts of the basic structure but in those articles, there should be made little modifications and alterations that won’t violate Article 14 of the constitution of India. The 93rd amendment act 2005 doesn’t violate the basic structure modernly emphasizes and alters the equality principles Article 19(1)(g) of the constitution of India

CONCLUSION:

Casteless society is a noble dream of the following fathers of our constitution. In the present case, the Ashok Kumar Thakur case makes it clear that the identification of socially and economically backward solution classes or other backward classes cannot be solely based on the case. Reservation is a tool of upliftment for the weaker section for a period of time. If reservation becomes permanent or constitutional for a long period of time, it creates a caste-based society today. To address the matter of SEBS or OBCs, there are both national and state laws in place.

There are several elements that have a significant effect in identifying SEBCs or OBCs, such as the majority caste in a specific State, making it very difficult to compile a list of SEBCs or OBCs for all religious or state groups. If reservations are implemented properly, they could be a to this issue because India’s variety makes it different from other nations. We simply cannot adopt any measures which may work in the past for other countries which may not work in India. The constitution of India is very different from others. Indian constitution is totally based on the principle of equality.

This article is written by Tannu Jolly of Law College Dehradun, an intern under Legal Vidhiya

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