What is Reservation Policy?
Historical Background
Key Points
7 points- 1.
Article 15(4) and 15(5) enable the state to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
- 2.
Article 16(4) allows the state to make any provision for the 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.
- 3.
Article 16(4A) provides for reservation in matters of promotion for SCs and STs, and Article 16(4B) allows carrying forward of unfilled reserved vacancies.
- 4.
Article 46 mandates the State to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes.
- 5.
Article 330 and 332 provide for reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies, respectively.
- 6.
The Indra Sawhney case (1992) Mandal Commission case capped total reservations at 50%, excluded the 'creamy layer' from OBC reservations, and disallowed reservation in promotions (later overturned for SC/STs by amendments).
- 7.
The 103rd Constitutional Amendment Act 2019 introduced 10% reservation for Economically Weaker Sections (EWS) in educational institutions and government jobs, exceeding the 50% cap.
Visual Insights
Evolution of Reservation Policy in India
Timeline showing the key milestones in the evolution of reservation policy in India.
Reservation policy in India has evolved over decades to address historical inequalities and ensure social justice.
- 1950Constitution comes into force; Article 15(4) added to enable special provisions for backward classes.
- 1979Mandal Commission established to identify socially and educationally backward classes.
- 1990Mandal Commission Report implemented, providing 27% reservation for OBCs in government jobs.
- 1992Indra Sawhney case: Supreme Court upholds OBC reservation but sets a 50% ceiling.
- 200693rd Constitutional Amendment: Enables reservation in private unaided educational institutions.
- 2019103rd Constitutional Amendment: Introduces 10% reservation for Economically Weaker Sections (EWS).
- 2026SC examines UGC regulations on reservation policy in higher education.
Recent Developments
5 developmentsImplementation of 10% EWS reservation across various sectors, upheld by the Supreme Court in 2022.
Ongoing debates and demands for sub-categorization of OBCs to ensure equitable distribution of benefits within the category.
Review of creamy layer criteria for OBCs and its application.
Changes in reservation policies in Jammu & Kashmir post-abrogation of Article 370, bringing it in line with central laws and introducing new categories.
Discussions on extending reservation to the private sector and the need for a caste census.