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Equality and reservation (Articles 14 to 18)

Articles 14 to 18 and the law built on them: equality before the law, reservation and its limits, and the laws that carry equality to particular groups.

Showing 2 of 4 articles, those that changed from 1 to 31 August 2026.Show all

Section 498A and live in relationships

Prelims

Section 498A of the Indian Penal Code makes cruelty to a woman by her husband or his relatives a criminal offence.

What changed

3 Aug 2026Briefnewly addedIn Dr Lokesh B.H. v. State of Karnataka the Supreme Court held that Section 498A covers women in live in relationships in the nature of marriage. It reasoned that treating them differently from married women would violate equality under Article 14. LiveLaw, 3 Aug 2026: Supreme Court monthly roundup, August 2026 (opens in a new tab)

Creamy layer among Scheduled Castes and Scheduled Tribes

Prelims and Mains

The creamy layer is the better off section of a reserved group, which is excluded from the benefit of reservation.

The creamy layer was laid down for Other Backward Classes in Indra Sawhney (1992).
In Jarnail Singh (2018) the Supreme Court held that the principle could apply to Scheduled Castes in promotions.
Lists of Scheduled Castes and Scheduled Tribes are notified under Articles 341 and 342.
In State of Punjab v. Davinder Singh (2024) seven judges allowed States to sub classify Scheduled Castes on the basis of empirical data, and several urged a policy to identify a creamy layer among them.

What changed

7 Aug 2026Newnewly added
- In an affidavit before the Supreme Court, the Ministry of Social Justice and Empowerment opposed an income based creamy layer for Scheduled Castes and Scheduled Tribes.
- It argued that precedent does not apply the concept to them, that means tests already operate in welfare schemes, and that any change should follow a holistic empirical review.
- The government also told the Court that extending the creamy layer to these groups is a matter for Parliament.
Mains: The question is one of separation of powers as much as of equality under Articles 14 and 16: whether a court or Parliament should draw the creamy layer line for Scheduled Castes and Scheduled Tribes.
The Hindu, 6 Aug 2026: Centre opposes pleas for income-based creamy layer in SC/ST quotas (opens in a new tab) · The Indian Express, 7 Aug 2026

Also filed elsewhere

Census 2027 · on Representation: delimitation, seats and women's reservation
The census is a Union subject, held under the Census Act, 1948 by the Registrar General and Census Commissioner, who works under the Home Ministry.