ruled that the ‘creamy layer’ within OBCs should not get the benefit of such
reservation.
(^76) Subsequently, the Supreme Court ruled that the minimum eligibil-
ity/qualifying marks for OBCs should not be more than 10 per cent of the min-
imum eligibility/qualifying marks prescribed for general-category candidates.^77
InUnni Krishnanv.State of AP,^78 the Supreme Court held that every child has an
FR to education until the age of fourteen years implicit in the right to life
under Article 21. Following this judicial lead, the parliament in 2002 passed the
86 th Amendment and inserted Article 21 A in the Constitution to expressly recognise
an FR to free and compulsory education of all children between the ages of six and
fourteen years.^79 This constitutional amendment also introduced Clause (j) in
Article 51 A to impose a fundamental duty on parents or guardians of children between
the ages of six and fourteen years to provide them opportunities for education.
This provision is significant because it responds to socioeconomic realities that
encourage parents to withhold young children from receiving school education.
Article 338 of the Constitution had originally provided for a National Commis-
sion for SCs and STs, which was required, among other things, to advise on the
planning process of socioeconomic developments of SCs/STs, investigate as well
as monitor all matters relating to the safeguards provided for SC/STs under the
Constitution or other laws, and inquire into specific complaints concerning
deprivation of their rights. The 89 th Amendment bifurcated this institution into
two separate bodies: one National Commission for SCs under Article 338 and
another National Commission for STs under Article 338 A. Both commissions
have the same composition and are vested with identical powers in relation to
SCs or STs.
In 2003 , the 91 st Amendment introduced a unique provision in the Constitution.
It provided that the total number of ministers – including the prime minister (at the
centre) or chief minister (in states) – in the council of ministers shall not exceed
15 per cent of the total number of the members of the relevant legislative body, the
Lok Sabha (the lower house of the parliament) or the legislative assembly of a given
state.^80 It was further stipulated that a legislative member belonging to any political
party who is disqualified under the Tenth Schedule to the Constitution for
breaching the anti-defection law shall also be disqualified from being appointed
as a minister during the said term of the legislature.^81 The genesis of these
amendments lies in the early phase of coalition politics in which the allurement
(^76) For a critical analysis, see Singh, ‘Ashoka Thakurv.Union of India’.
(^77) P.V. Indiresanv.Union of India( 2009 ) 7 SCC 300 , as clarified inP.V. Indiresanv.Union
of India, Civil Appeal No 7084 of 2011 (decided on 18 August 2011 ).
(^78) ( 1993 ) 1 SCC 645.
(^79) The amended Article 45 , a DP, stipulates that the state ‘shall endeavour to provide early
childhood care and education for all children until they complete the age of six years’.
(^80) The Constitution of India, Arts. 75 ( 1 A) and 164 ( 1 A).
(^81) The Constitution of India, Arts. 75 ( 1 B) and 164 ( 1 B).