Reservation in India

🟦 Reservation in India – Introduction

🔹 What is Reservation?

Reservation means giving special benefits or opportunities to certain disadvantaged groups in:

Government jobs
Education
Elections

🎯 Goal: To bring equality, by uplifting communities that were historically discriminated against — mostly due to the caste system.

🎯 It is a form of positive discrimination or affirmative action, provided by the Constitution and laws of India.

Constitutional Provisions:

Article 15(4): Special provisions for socially and educationally backward classes.
Article 16(4): Reservation in public employment for backward classes.
Article 330, 332: Reservation of seats for SC/ST in Lok Sabha and State Assemblies.
Article 243D, 243T: Reservation in Panchayats and Municipalities.

🟨 Historical Background

Year	Event
1882	William Hunter & Jyotirao Phule proposed the first caste-based reservation.
1932	Communal Award by British PM Ramsay MacDonald: Separate electorates for Muslims, Sikhs, Dalits, Christians, Anglo-Indians, Europeans.
1932	Poona Pact: Agreement between Gandhi and Ambedkar. Replaced separate Dalit electorates with reservation in general electorate.
Post-1947	SCs & STs were given reservation in jobs, education, and politics.
1991	OBC reservation introduced based on Mandal Commission recommendations.
2019	EWS reservation (10%) introduced for economically weaker sections among general category.

🟧 Reservation and the Constitution: Important Cases

⚖️ 1. State of Madras v. Champakam Dorairajan (1951)

Issue: State reserved seats in colleges based on caste proportions.
Verdict: Unconstitutional – Article 15 didn’t allow such caste-based reservations in education.
Result: 1st Amendment added Article 15(4) – allowing special provisions for SEBC, SC, ST.

⚖️ 2. Indra Sawhney v. Union of India (1992) – The Mandal Case

✅ Key points:

OBC reservation valid under Article 16(4)
Introduced “Creamy Layer”: Economically advanced OBCs should be excluded from benefits.
No reservation in promotions allowed.
50% limit on total reservations (except in extraordinary situations).
Clarified:
- Backward classes in Art. 16(4) ≠ SEBC in Art. 15(4)
- Supreme Court only can decide disputes

🧾 Aftermath:

77th Constitutional Amendment (1995) added Article 16(4A)
→ Allowed reservation in promotions for SC/STs

⚖️ 3. M. Nagaraj v. Union of India (2006)

Upheld reservation in promotions but with conditions:

✅ 3 Conditions for validity:

SC/STs must be socially & educationally backward
Must be underrepresented in jobs (State must collect data)
It must not hurt administrative efficiency

⚖️ 4. Jarnail Singh v. Lachhmi Narain Gupta (2018)

Quantitative data on backwardness of SC/STs not required
Creamy layer principle also applies to SC/STs
Upheld Karnataka's rule giving promotion with consequential seniority

🟦 Reservation in Private Educational Institutions

⚖️ Champakam Dorairajan case (1951)

Also struck down reservations in colleges based on caste
🧾 Led to: Article 15(4) being inserted by 1st Amendment

⚖️ T.M. Pai Foundation v. Union of India (2003)

Verdict: State cannot impose reservation on private unaided institutions

⚖️ P.A. Inamdar v. State of Maharashtra (2005)

Reaffirmed: No seat quota in private unaided colleges

🧾 So, the 93rd Constitutional Amendment (2005) inserted Article 15(5):

Allowed reservations for SC, ST, SEBC in private colleges (aided or unaided)
Exception: Does not apply to minority institutions (Art. 30(1))

Upheld in:
Ashok Kumar Thakur v. Union of India (2008)

⚖️ Society for Unaided Private Schools v. Union of India (2012)

Related to Right to Education (RTE) Act, 2009
RTE Act made 25% quota for disadvantaged children in private schools
Court said:
- Applies to private schools ✅
- Not applicable to private minority schools ❌

🟩 Economically Weaker Sections (EWS) – 10% Reservation

🧾 103rd Amendment Act (2019)

Inserted Article 15(6) and Article 16(6)
Gave 10% reservation to EWS from general category

✅ Applies to:

Education (public & private)
Government jobs

❌ Does not apply to SC/ST/OBC

🔹 Criteria (as notified by govt):

Family income < ₹8 lakh
No other reservation category benefit

📌 Summary Table

Case / Event	Impact
1882: Hunter & Phule	First proposal of caste-based reservation
1932: Communal Award	Separate electorates
Poona Pact	Unified Hindu electorate with reservation
Champakam Dorairajan (1951)	Led to Art. 15(4)
Indra Sawhney (1992)	Creamy layer, 50% cap, no promotion
77th Amendment (1995)	Allowed SC/ST promotion reservation
M. Nagaraj (2006)	3 conditions for valid promotion quota
Jarnail Singh (2018)	Creamy layer for SC/ST also applies
T.M. Pai & Inamdar	No quota in private unaided institutions
93rd Amendment (2005)	Allowed quota in private (non-minority) colleges
EWS Reservation (2019)	10% quota for economically poor general category

📝 Final UPSC Notes Points

Reservation = tool for social justice, not privilege.
Evolved from caste-based to economic + social disadvantage-based.
Judicial interpretation and Constitutional amendments both shaped the system.
Recent trends focus on:
- Creamy layer exclusion
- Data-based justification
- Reservation in private sectors
- EWS inclusion without touching SC/ST/OBC quotas

Prelims pointers

1. Constitutional Provisions:

Article 15(4): Special provisions for socially and educationally backward classes.
Article 16(4): Reservation in public employment for backward classes.
Article 330, 332: Reservation of seats for SC/ST in Lok Sabha and State Assemblies.
Article 243D, 243T: Reservation in Panchayats and Municipalities.

2. Landmark Judgments:

Indra Sawhney Case (1992): Upheld 27% OBC reservation; introduced the concept of the "creamy layer."
EWS Reservation (103rd Amendment, 2019): 10% reservation for economically weaker sections (EWS).

3. Current Affairs:

Recent debates on the demand for caste-based census (2021–2023).
Changes to the OBC and EWS income limits (revised to ₹8 lakh annually).
SC ruling on 10% EWS quota (November 2022): Upheld validity but excluded SC/ST/OBC categories.

4. Key Reports and Committees:

Mandal Commission (1980): Identified and recommended 27% reservation for OBCs.
Rohini Commission: Tasked with sub-categorization of OBCs to ensure equitable distribution.

5. Challenges and Criticisms:

Creamy layer implementation and identification issues.
Balancing meritocracy and affirmative action.
Inefficiency in addressing regional disparities within backward classes.

UPSC Mains-style answers (~300 words)

1. Reservation in India

Reservation in India is a constitutional provision aimed at ensuring social justice by providing opportunities for historically disadvantaged groups. Articles 15, 16, and 46 of the Constitution lay the foundation for reservations in education, employment, and other socio-economic areas.

The reservation system addresses inequality by allocating a percentage of government jobs, educational institutions, and legislatures to Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).

Significant Judgments:

Indra Sawhney Case (1992): It upheld 27% reservation for OBCs but excluded the "creamy layer."
EWS Reservation (2019): The 103rd Constitutional Amendment introduced 10% reservation for the Economically Weaker Section (EWS) in the general category.

Recent Developments (Current Affairs):

In 2023, there were debates on increasing OBC reservations for NEET and central educational institutions.
The Karnataka government's revision of reservation policies in 2024 included enhancing quotas for SCs and STs, sparking nationwide discussions on balancing economic and social criteria.

Challenges:

Overlapping caste categories create conflicts.
The "creamy layer" concept is inconsistently applied.
Limited focus on economic backwardness outside caste.

Way Forward:

Comprehensive socio-economic surveys to rationalize reservation.
A focus on education and skill development alongside quotas to enable sustainable upliftment.

Target IAS Kannada

Reservation in India - UPSC Prelims & Mains Notes