Ashoka Kumar Thakur v. Union of India
Ashoka Kumar Thakur v. Union of India (2008) held that 93rd Amendment adding clause (5) to Article 15 is constitutionally valid
Citation: (2008) 6 SCC 1
Case at a Glance
Summary
This five-judge Constitution Bench upheld the 93rd Constitutional Amendment and the Central Educational Institutions Act 2006 providing 27% OBC reservation in higher education. The Court addressed the interplay between Articles 15(4), 15(5), and the basic structure doctrine. While upholding OBC reservations, the Court mandated exclusion of 'creamy layer' from OBC benefits based on the Indra Sawhney principle. The judgment balanced affirmative action with merit, holding that periodic review of backward class status is necessary. This case significantly impacted educational policy and the implementation of reservations in India.
