Supreme Court Strikes Down Communal G.O. on Educational Reservations in Madras, Upholds Fundamental Rights

Court Rules that Reservation Based Solely on Religion, Race, or Caste Violates Article 29(2) of the Constitution; Directive Principles Cannot Override Fundamental Rights

In a landmark judgment delivered on April 9, 1951, the Supreme Court of India invalidated the “Communal G.O.” issued by the State of Madras, which fixed proportionate seats in state-run medical and engineering colleges based on religion, caste, and community. The judgment, rendered by a seven-judge bench headed by Chief Justice M.H. Kania, emphatically held that such communal reservations contravene the fundamental right guaranteed under Article 29(2) of the Constitution of India.

The case arose from petitions filed by Sm. Champakam Dorairajan and Sri C.R. Srinivasan challenging the State’s practice of allotting seats in educational institutions according to rigid communal quotas. The Communal G.O. reserved 14 seats in medical and engineering colleges in fixed proportions for various communities such as Non-Brahmins, Backward Hindus, Brahmins, Harijans, Anglo-Indians, Indian Christians, and Muslims. Petitioners contended that despite possessing requisite academic qualifications, they were denied admission solely because of their caste or religion.

The Supreme Court carefully analyzed the constitutional provisions, particularly Articles 29(2), 46, and 16. Article 29(2) guarantees that no citizen shall be denied admission into any state-maintained or state-aided educational institution on grounds only of religion, race, caste, language or any of them. The Court underscored that this right is an individual fundamental right and cannot be abridged by any legislative or executive action except under explicit constitutional authority.

The State of Madras argued that Article 46, a Directive Principle of State Policy, empowers the State to protect educational interests of socially and educationally backward classes, and that such protection justified the Communal G.O. The Court rejected this contention, clarifying that Directive Principles, though fundamental for governance, are not enforceable by courts and cannot override the enforceable fundamental rights guaranteed under Part III of the Constitution. The Court emphasized that fundamental rights are sacrosanct and must prevail over directive principles in case of conflict.

Further, the Court observed that if the framers of the Constitution intended to permit reservations in admissions like those in public employment under Article 16(4), such a provision would have been expressly included in Article 29(2). The absence of such a clause indicates that communal considerations cannot govern admissions to educational institutions maintained or aided by the State.

Illustrating the violation, the Court cited petitioner Srinivasan’s case, where despite scoring higher marks than many candidates from reserved communities, he was denied admission solely because he was a Brahmin and not eligible for reserved seats allocated to other communities. The Court held this to be a clear violation of the fundamental right under Article 29(2).

Consequently, the Supreme Court declared the Communal G.O. void under Article 13 of the Constitution as it was inconsistent with the fundamental rights chapter. Both appeals filed by the State of Madras were dismissed with costs, reinforcing the constitutional guarantee of equality in educational admissions free from discrimination on communal grounds.

This historic judgment significantly shaped the landscape of educational rights in India by affirming the primacy of fundamental rights over state policies that infringe upon individual liberties. It curtailed discriminatory practices in state educational institutions and underscored the constitutional mandate for equality and non-discrimination.

Statutory provisions

Article 29(2), Article 46, Article 16(4), Article 14, Article 15(1), Article 13, Article 32, Article 37, Article 226 of the Constitution of India

State of Madras v. Champakam Dorairajan, (SC) : Law Finder Doc Id # 113139