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Firstly, it is the width of the power under the
impugned amendments introducing and amending
Articles 16(4-A) and 16(4-B) that has to be tested.
Therefore the "width test" has to be applied. The
boundaries of the "width" of the power, namely, (1) the
ceiling limit of 50% (quantitative limitation), (2) the
principle of creamy layer (qualitative exclusion), (3) the
compelling reasons, namely, backwardness, inadequacy
of representation, and (4) the overall administrative
efficiency are not obliterated by the impugned
amendments. The constitution limitation under Article
335 is relaxed and not obliterated. These impugned
amendments are confined only to SCs and STs and the
sub-classification between OBCs on one hand and SCs
and STs on the other hand as held in Indra Sawhney,
1992 Supp (3) SCC 217, and the concept of post-based
roster with inbuilt concept of replacement as held in R.K.
Sabharwal, (1995) 2 SCC 745, have also not been
obliterated. (emphasis added)
Secondly, applying the test of "identity" there
is no alteration in the existing structure of the equality
code (Articles 14, 15 and 16) in the Constitution by the
impugned amendments. Equity, justice and efficiency
are the limitations on the mode of the exercise of power
by the State. None of these limitations have been
removed by the impugned amendments. None of the
axioms like secularism, federalism, etc. which are
underlying principles have been violated by the
impugned constitution amendments. There is no
violation of the basic structure of the Constitution by any
of the impugned amendments. The impugned
constitutional amendments by which Articles 16(4-A) and
16(4-B) have been inserted flow from Article 16(4). They
do not alter the structure of Article 16(4). Articles 16(4-