STATE OF MADRAS VERSUS CHAMPAKAM DARAIRAJAN

Author – S. Subhasree, Sathyabama Institute of Science and Technology

ABSTRACT:

This judgement proved as a historic event and decision of the Supreme Court. It led to the 1st Amendment in the Constitution of India in relation to the reservation policy in India. The amendment included the adding of clause 4 under Article 15. The judgement accounts at the impugned Communal Government Order adopted before independence and in continuance even after the Constitution came into force. This order had the reservation policy on the foundation of caste system in the state maintained college institutions. The court held this government order to be void in nature. This judgement is important as it resolves the conflict between Fundamental Rights and Directive Principles of State Policy. It says that whenever the conflict between Fundamental Rights and Directive Principles of State Policy arises, the Fundamental Rights hold the upper hand over the Directive Principles of State Policy. When a fundamental right is violated and directive principle is also in question, the preference will be of fundamental rights.

Keywords: Fundamental rights, DPSP, Reservation, Amendment