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The Supreme Court has held that equality before law (Article 14) and prohibition of discrimination (Article 15) are part of the basic structure. Which amendment attempt would likely FAIL basic structure review?
- Amendment enabling affirmative action for historically disadvantaged groups
- Amendment prohibiting reservation based on caste, religion, gender without reasonable classification
- Amendment enabling economic criteria for reservation among forward castes
- Amendment enabling sub-classification within reserved categories based on quantifiable data
Answer: Amendment prohibiting reservation based on caste, religion, gender without reasonable classification
Equality as basic structure: (a) Core equality features as basic structure: (i) Article 14: Equality before law, equal protection of laws, (ii) Article 15: Prohibition of discrimination on religion, race, caste, sex, place of birth, (iii) Reasonable classification: Permits affirmative action for historically disadvantaged groups if based on intelligible differentia, rational nexus, (b) Amendment analysis: (i) Affirmative action amendment: Likely passes basic structure review if based on reasonable classification (Indra Sawhney principles), (ii) Prohibiting reservation without classification: Likely fails basic structure review as it destroys substantive equality, prevents remedying historical disadvantage, violates Article 14/15 core, (iii) Economic criteria amendment (103rd): Upheld in Janhit Abhiyan (2022) as reasonable classification addressing economic disadvantage, (iv) Sub-classification amendment: Upheld in Davinder Singh (2024) as reasonable classification ensuring equitable benefit distribution, (c) Rationale: (i) Substantive equality: Basic structure requires not just formal equality but measures to remedy historical disadvantage, (ii) Reasonable classification: Permits affirmative action if based on empirical evidence, rational connection to equality goals, (iii) Core protection: Amendment cannot destroy equality's core by prohibiting all classification, preventing substantive equality, (d) Applications: (i) Reservation policies: Subject to basic structure review; must balance affirmative action with merit, efficiency, (ii) Judicial scrutiny: Courts examine whether classification rational, based on intelligible differentia, not arbitrary, (e) Illustrates adaptive equality jurisprudence: Basic structure protects equality's core while permitting calibrated affirmative action; amendment power cannot destroy substantive equality essential to constitutional identity.