What is Reservation?
Historical Background
Key Points
8 points- 1.
Article 15(4) allows the state to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the SCs and STs.
- 2.
Article 16(4) enables the state to make provisions for reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the state.
- 3.
Article 330 and 332 provide for reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies, respectively.
- 4.
The 103rd Constitutional Amendment Act, 2019 introduced 10% reservation for Economically Weaker Sections (EWS).
- 5.
The concept of 'creamy layer' excludes economically advanced sections within OBCs from reservation benefits.
- 6.
Horizontal reservation reservation within reservation is applied for categories like women, persons with disabilities, and transgender persons.
- 7.
The overall reservation cannot exceed 50% as per the Supreme Court's ruling in the Indra Sawhney case (1992), although this limit has been challenged in some states.
- 8.
States have the power to identify and include communities in the OBC list, subject to judicial review.
Visual Insights
Understanding Reservation in India
Key aspects of reservation policy in India, including constitutional provisions, beneficiaries, and related issues.
Reservation
- ●Constitutional Basis
- ●Beneficiaries
- ●Legal Framework
- ●Related Issues
Comparison of Reservation Provisions in the Constitution
A side-by-side comparison of key constitutional articles related to reservation.
| Article | Description | Beneficiaries |
|---|---|---|
| Article 15(4) | Allows the state to make special provisions for the advancement of socially and educationally backward classes or for the SCs and STs. | SCs, STs, SEBCs |
| Article 16(4) | Enables the state to make provisions for reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the state, is not adequately represented in the services under the state. | Backward Classes |
| Article 330 | Reservation of seats for SCs and STs in the Lok Sabha. | SCs, STs |
| Article 332 | Reservation of seats for SCs and STs in the State Legislative Assemblies. | SCs, STs |
Recent Developments
5 developmentsOngoing debates on sub-categorization within OBCs to ensure equitable distribution of benefits.
Challenges to reservation policies in various states exceeding the 50% limit.
Discussions on extending reservation to the private sector.
Supreme Court's stance on the validity of EWS reservation.
Implementation of reservation for transgender persons in various states.