What is Reservation Policy in India?
Historical Background
Key Points
8 points- 1.
Constitutional Basis: Articles 15(4), 15(5), 16(4), 16(4A), 16(4B) enable the state to make special provisions for the advancement of socially and educationally backward classes, SCs, and STs, including reservations in educational institutions and public employment (including promotions).
- 2.
Political Reservations: Articles 330 and 332 provide for reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies, respectively.
- 3.
Categories: Primarily covers Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). The 103rd Constitutional Amendment Act introduced reservation for Economically Weaker Sections (EWS).
- 4.
Purpose: To ensure social and educational advancement, adequate representation in public services, and to correct historical discrimination and inequalities.
- 5.
50% Ceiling: The Supreme Court in the Indra Sawhney case (1992) ruled that total reservations should not exceed 50%, except in extraordinary circumstances. This ceiling has been challenged and debated, especially with the introduction of EWS reservation.
- 6.
Creamy Layer: Introduced by the Supreme Court for OBC reservations, it excludes individuals from well-off sections of OBCs from availing reservation benefits, ensuring benefits reach the truly backward.
- 7.
National Commissions: National Commission for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), and National Commission for Backward Classes (NCBC) monitor the implementation of reservation policies and safeguard the interests of these communities.
- 8.
Types of Reservation: Vertical reservation (for SC, ST, OBC, EWS) and Horizontal reservation (for women, persons with disabilities, ex-servicemen within each vertical category).
Visual Insights
Evolution of Reservation Policy in India
Timeline showing the key events and milestones in the evolution of the reservation policy in India.
The reservation policy has evolved significantly since independence, with various amendments and court judgments shaping its scope and implementation.
- 1932Poona Pact: Reserved seats for depressed classes in provincial legislatures.
- 1950Constitution of India: Articles 15(4) and 16(4) empower the state to make special provisions for SCs and STs.
- 1990Implementation of Mandal Commission Report: 27% reservation for OBCs in government jobs.
- 1992Indra Sawhney Case: Supreme Court upholds OBC reservation but introduces the 50% ceiling rule.
- 2006The Central Educational Institutions (Reservation in Admission) Act.
- 2019EWS Reservation: 10% reservation for Economically Weaker Sections.
- 2022Supreme Court upholds the validity of the EWS reservation.
- 2026Supreme Court stay on UGC regulations on equity.
Comparison of Articles Related to Reservation
Comparison of key constitutional articles related to reservation policy in India.
| Article | Description | Relevance |
|---|---|---|
| Article 14 | Equality before law | Ensures that all citizens are treated equally before the law. |
| Article 15(4) | Special provisions for advancement of socially and educationally backward classes or for SCs and STs | Empowers the state to make special provisions for the advancement of backward classes. |
| Article 16(4) | Reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State | Enables the state to reserve jobs for backward classes. |
| Article 46 | Promotion of educational and economic interests of SCs, STs, and other weaker sections | Directs the state to promote the educational and economic interests of weaker sections. |
Recent Developments
3 developmentsIntroduction of 10% EWS reservation (103rd Amendment, 2019).
Ongoing debates on increasing the 50% reservation ceiling by states (e.g., Tamil Nadu, Chhattisgarh).
Demands for sub-categorization of OBCs, and judicial scrutiny of reservation policies.