Document Fragment View

Matching Fragments

(b) As to whether the exclusion of classes covered under Articles 15(4), 15(5) and 16(4) from getting benefit of reservation as economically weaker sections violates the Equality Code and thereby, the basic structure doctrine?
(c) As to whether reservation for economically weaker sections of citizens up to ten per cent. in addition to the existing reservations results ults in violation of basic structure on account of breaching the ceiling limit of fifty per cent.?

31.1. All these points are essentially structured on three important components namely, (i) the general rule of equality enshrined in Article 14 of the Constitution;

Constitution; (ii) the reservations enabled in Articles 15 and 16 as exception to the general rule of equality; and (iii) the doctrine of basic structure that defines and limits the power of the Parliament to amend the Constitution. Relevant Constitutional Provisions 29 of 53 Neutral Citation No:=2024:PHHC:138139-DB CWP-4264-2021 2021 and connected cases

233. The doctrine of Basic Structure includes general features of the broad democracy, supremacy of the Constitution, rule of law, separation of powers, judicial review, freedom and dignity of the individual, unity and integrity of the nation, free and fair education, federalism and secularism. The Basic Structure Doctrine admits to identify a philosophy upon which a Constitution is based. A Constitution stands on certain fundamental principles which are its structural pillars and if those pillars are demolished or damaged, the whole constitutional edifice may fall down. The metap metaphor of a living Constitution is usually used in its interpretive meaning i.e., that the language of the document should evolve through judicial decisions according to the changing environment of society. A Constitution's amendment process provides another mechanism for such evolution, as a 'built-in 'built in provision for growth'. Prima facie, the view that a Constitution must develop over a period of time supports a broad use of the amendment power. Nevertheless, even if we conceive of the Constitution as a living tree, which must evolve with the nation's growth and develop with its philosophical and cultural advancement, 45 of 53 Neutral Citation No:=2024:PHHC:138139-DB CWP-4264-2021 2021 and connected cases it has certain roots that cannot be uprooted through the growth process. In other words, the metaphor of a living tree captures the idea of certain certain constraints: 'trees, after all, are rooted, in ways that other living organisms are not'. These roots are the basic principles of a given Constitution. [Reference: