Question:

Principle:
(1). The state shall not deny to any person equality before the law and equal protection of the laws within the territory of India.
(2). The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex and place of birth or any of them.

Facts: The Government of Rajasthan, passed an order providing for reservations for the Scheduled Castes/ Scheduled Tribes and Socially and Educationally Backward Classes (including Muslims), and Women, in all institutions of higher education, including private educational institutions, both aided as well as unaided, in the following manner: Scheduled Caste- 15%; Scheduled Tribe- 7.5%, Socially and Educationally Backward Classes (including Muslims) - 27%

I. The reservation policy of the government is violative of the principle of equality envisaged in the Constitution
II. The reservation policy is unconstitutional because it is based on 'caste' which is a prohibited marker
III. Reservation does not violate equality clause as it entails "like should be treated like and unlike should be treated differently."
IV. Reservation does not violate equality clause as the Constitution itself enables the State to make special provision for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.

Show Hint

Ask whether equality means identical treatment or reasonable classification, and note the word "only" in the second limb. Then check whether more than one of the pro reservation statements survives.
Updated On: Jul 17, 2026
  • I is correct
  • I and II are both correct answers
  • III is correct answer
  • III and IV both are correct answers
Show Solution
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The Correct Option is D

Solution and Explanation

Step 1: Understanding the Question:
Four statements are offered about a Rajasthan reservation order. Two say the policy breaks the equality guarantee, two say it does not. We have to pick the option that lists the correct statements.

Step 2: Key Formula or Approach:
The first limb of the Principle guarantees equality before the law and equal protection of the laws. Equal protection does not mean identical treatment for everybody. It means the law must treat those who stand on the same footing alike, and may treat those who stand on a different footing differently. That idea is called reasonable classification.
The second limb bars discrimination "on grounds only of" religion, race, caste, sex and place of birth. The word "only" matters. A measure that uses caste together with social and educational backwardness is not resting on caste alone.

Step 3: Detailed Explanation:
Take statement I. It says reservation violates equality. That would only be true if equality meant treating everyone identically. Since equal protection allows different treatment for people placed differently, reservation for backward groups does not by itself break the guarantee. Statement I is wrong.
Take statement II. It says the policy is unconstitutional because caste is a prohibited marker. But the bar in the second limb is on discrimination on grounds "only" of caste. The Rajasthan order is aimed at Scheduled Castes, Scheduled Tribes and socially and educationally backward classes, so the marker is backwardness, with caste as an indicator of it. Statement II is wrong.
Take statement III. It says reservation does not violate equality because like should be treated like and unlike differently. This is the reasonable classification idea stated directly. Groups that have been kept behind socially and educationally are not similarly placed with those who have not been, so treating them differently is consistent with equality. Statement III is correct.
Take statement IV. It says reservation does not violate equality because the Constitution itself enables the State to make special provision for socially and educationally backward classes and for Scheduled Castes and Scheduled Tribes. That is a correct statement about the constitutional scheme, and it supports the same conclusion as III from a different direction. Statement IV is correct.

Step 4: Checking the wrong options:
Option (A) picks only I, and I has already been shown to rest on a wrong reading of equality.
Option (B) picks I and II, both of which fail.
Option (C) picks only III. III is correct, but it leaves out IV, which is also correct, so the option is incomplete.

Step 5: Final Answer:
Statements III and IV are both correct, so the answer is option (D).
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