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Basic structure doctrine has guided the evolution of Article 14 (equality before law) from formal equality (treating likes alike) to substantive equality (addressing historical disadvantages through affirmative action) through cases like ______ (1992) upholding OBC reservations with creamy layer exclusion.
- Kesavananda Bharati
- Indra Sawhney
- Minerva Mills
- SR Bommai
Answer: Indra Sawhney
Equality jurisprudence evolution under basic structure guidance: (a) Formal equality: Early cases interpreted Article 14 as treating likes alike; classifications must be rational, based on intelligible differentia, (b) Substantive equality: Indra Sawhney (Mandal case, 1992): Upheld 27% OBC reservation with creamy layer exclusion; recognized historical disadvantage requires affirmative action to achieve real equality — basic structure requires addressing structural inequalities, not just formal neutrality, (c) Further evolution: (i) M. Nagaraj (2006): Reservation in promotions requires quantifiable data on backwardness, inadequacy of representation, administrative efficiency, (ii) Davinder Singh (2024): States can sub-classify SCs for equitable benefit distribution, (d) Basic structure principle: Equality not uniformity; reasonable classification permitted to address substantive inequalities; dignity requires recognizing and remedying historical disadvantage, (e) Applications: (i) Reservation in education/employment, (ii) Gender justice measures (Vishaka, Shayara Bano), (iii) Disability rights (RPwD Act), (iv) LGBTQ+ protections (Navtej Singh Johar), (f) Illustrates transformative constitutionalism: Using constitutional provisions to advance substantive equality for marginalized groups, guided by basic structure doctrine.