Ninety Third Amendment

The amendment was challenged on two major issues:

i) Whether it violated the “basic structure”

ii) Whether Articles 15(4) and 15(5) were mutually contradictory — and hence, Article 15(5) was ultra vires of the Constitution

The Ruling

  • In March 2008, a five-judge Constitution Bench upheld the law providing 27 per cent quota for OBCs in IITs, IIMs and other central educational institutions, but said it would not apply to the “creamy layer”.
  • The court held that the “creamy layer” must be excluded from the SEBCs and continuance of quota under the Central Educational Institutions (Reservation in Admission) Act, 2006, should ....


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