What opinion has been expressed by the Supreme Court in regard to equals and unequals in the case of Indra Sawhney v. Union of India?

In Indra Sawhney v. Union of India the Supreme Court has clearly and authoritatively laid down that the “socially” advanced members of a backward class, the ‘creamy layer’, has to be excluded from the backward class and the benefit of reservation under Article 16 (4) can only be given to the “class” which remains after the exclusion of the ‘creamy layer’. This would more appropriately serve the purpose and object of Article 16 (4). The Court has also emphasized that to include a forward class as a backward class will amount to treating unequals as equals and this will amount to violation of Articles 14 and 16 of the Indian Constitution.

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