Short · Constitutional Law I
Ashok Kumar Thakur v Union of India (2008): OBC Reservation & Creamy Layer
- 1 min
From the video description
Can the government give 27% reservation to OBCs in central universities? Ashok Kumar Thakur v. Union of India (2008) - the Supreme Court's landmark judgment on OBC reservation, Article 15(5), the 93rd Constitutional Amendment and the Creamy Layer - explained in 60 seconds in simple English.
THE CASE: Ashok Kumar Thakur v. Union of India (2008), Supreme Court of India
LAW CHALLENGED: Central Educational Institutions (Reservation in Admission) Act, 2006, and the 93rd Constitutional Amendment (Article 15(5))
WHAT THE COURT HELD
- 27% reservation for Other Backward Classes (OBCs) in central educational institutions is valid
- The Creamy Layer among OBCs must be excluded
- Minority educational institutions can be excluded under Article 15(5)
- Application to private unaided institutions was left open - decided later in Pramati Educational & Cultural Trust v. Union of India (2014)
KEY PRINCIPLE: Reservation can advance real equality, but its benefits must reach those for whom the scheme is intended.
EXAM POINT: Ashok Kumar Thakur = OBC reservation upheld + creamy layer exclusion (Article 15(5)).
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