Multiple choice

A five judge Constitution bench of the Supreme Court in October 2006 has held that the exclusion of 'Creamy Layer' among the Scheduled Castes and Scheduled Tribes is:

  1. Subject to Judicial review

  2. Unconstitutional

  3. Constitutional directive

  4. A matter of policy decision of the government
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C Correct answer
Explanation

In Ashoka Kumar Thakur vs. Union of India (October 2006), a 5-judge Constitution bench upheld the 'creamy layer' exclusion for SC/STs as constitutionally valid. The Court viewed it as part of the constitutional directive to ensure equitable distribution of benefits (Article 16(1)), not unconstitutional or merely a policy decision.

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