Case 5 which become the reason for first amendment in Constitution of India

Introduction-

The province of Madras had issued a government order for reservation in medical seats. The applicant tried to get admission in one of the colleges but was denied due to her caste. She was aggrieved by this and applied to the court.

Provisions in discussion-

In this case, Article 15 of the Constitution and Article 29 were in discussion. Specifically article 29(2). It provides that “No citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of state funds on grounds only of religion, race, caste, language or any of them.”
Also, article 15(1) prohibits discrimination on grounds only of religion , race, caste, sex, place of birth.
Articles 46 and 37 were also in discussion.
Articles 15 and 16 of the Indian Constitution deal with affirmative action by the state to protect backward communities and women in India.

Judgment-

The apex court held that the communal GO was a violation of the fundamental right guaranteed to the citizens of India by Article 29(2) of the constitution of India.

If a citizen of India is seeking the admission in any college or educational institution , they cant be denied it based on caste, gender or religion.

Directive principles of state policy laid down in part IV of the constitution cannot in anyway override or abridge the fundamental rights guaranteed by part III.

Impact-

This case alongewith Romesh Thapar case become the base for the first amendment in Indian Constitution. The amendment inserted clause (4) to article 15.It reads as-

“Nothing in this article or in clause (2) of Article 29 shall prevent the state from making any provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes”

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