India’s Reservation Policy – Affirmative Action and Challenges

India’s reservation system remains a key tool for affirmative action in 2025. The Supreme Court recently emphasised that reservation should be limited to the first generation benefiting from it. This ruling aims to prevent the perpetual advantage of certain families within backward communities. The policy, rooted in the Constitution, seeks to promote social equality by reserving seats in education, employment, and politics for historically marginalised groups.

Constitutional Basis of Reservation

The Constitution of India permits special provisions for socially and educationally backward classes. Articles 15(4) and 16(4) authorise reservations in public employment and education for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). Currently, nearly 50 per cent of government jobs and college seats are reserved for these groups. State governments may exceed this limit, as seen in Tamil Nadu with 69 per cent reservations. Local bodies reserve seats for SC/ST and women under the 73rd and 74th Amendments.

Limiting Reservation to One Generation

The Supreme Court’s recent directive restricts reservation benefits to the first generation that attains advancement. Descendants of beneficiaries must compete in the general category. This approach mirrors the creamy layer concept used for OBCs, preventing affluent families from monopolising quotas. It aims to widen opportunities for those who have never accessed reservations, especially the poorest within backward groups.

Expansion Beyond Caste – Economic and Disability Quotas

In 2019, the 103rd Amendment introduced a 10 per cent reservation for Economically Weaker Sections (EWS) outside SC/ST/OBC categories. The Supreme Court upheld this, allowing reservations beyond the traditional 50 per cent cap. Disability quotas, mandated by the 2016 Rights of Persons with Disabilities Act, reserve 4 per cent of government jobs for persons with disabilities. These expansions broaden affirmative action to include class and physical challenges.

Impact on Education and Politics

Reservations have improved educational attainment among backward classes. Studies show OBC students gained nearly one additional year of schooling post-reservation introduction. Politically, reserved parliamentary seats for SC/ST and women have led to poverty reduction and increased social spending in those constituencies. The 25 per cent quota for disadvantaged children in private schools under the 2009 Right to Education Act further promotes inclusion.

Challenges and Controversies

Despite progress, many poor individuals remain excluded. The creamy layer rule excludes affluent OBCs, while EWS quotas favour poor upper-caste groups, leaving the poorest SC/ST/OBC behind. Dalit Christians and Dalit Muslims are denied SC/ST status despite similar socio-economic conditions, creating legal and social grievances. Implementation gaps persist, with many reserved government posts remaining vacant due to qualification barriers or resistance.

Women’s Reservation and Political Representation

Women’s representation remains limited despite being half the population. The Women’s Reservation Bill, passed by Parliament in 2023, proposes reserving one-third of legislative seats for women but awaits final enactment. Increased political representation of marginalised groups has shown positive social outcomes, yet full gender parity is still a work in progress.

Future Directions

India’s reservation policy continues to evolve. Calls for sub-quotas within SC/OBC groups and reservations in private sector jobs are growing. Policymakers and courts strive to balance broad access with social justice. A truly inclusive policy would ensure benefits reach all marginalised groups regardless of caste, class, or religion, while also tackling social discrimination and educational inequality.

Questions for UPSC:

1. Discuss the constitutional provisions and judicial interpretations related to reservation policies in India. How do these shape affirmative action?
2. Critically examine the impact of reservation policies on social equity and economic development in India. Support with examples.
3. Explain the challenges faced in implementing reservation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. How can these be addressed?
4. With suitable examples, discuss the role of political representation of marginalised groups in reducing poverty and promoting social welfare in India.

Answer Hints:

1. Discuss the constitutional provisions and judicial interpretations related to reservation policies in India. How do these shape affirmative action?

1. Articles 15(4) and 16(4) of the Constitution allow special provisions and reservations for SC, ST, and OBC in education and public employment.
2. The 73rd and 74th Constitutional Amendments reserve seats for SC/ST and women in local governance bodies.
3. The 103rd Amendment introduced 10% EWS reservation for economically weaker upper-caste groups, expanding affirmative action beyond caste.
4. Supreme Court rulings uphold reservation but limit total quotas to around 50%, with exceptions (e.g., Tamil Nadu’s 69%).
5. Recent judicial interpretation restricts reservation benefits to the first generation to prevent monopolization within families (limiting perpetual advantage).
6. Court rulings clarify that reservation is based on caste and class, not religion, rejecting religion-based quotas but allowing indirect benefits for some minorities.

2. Critically examine the impact of reservation policies on social equity and economic development in India. Support with examples.

1. Reservation has increased access to education and government jobs for SC/ST/OBC, improving social mobility.
2. Studies show OBC students gained nearly one additional year of schooling after reservation implementation.
3. Reserved parliamentary seats for SC/ST and women have led to poverty reduction and increased social spending in those areas.
4. Reservation in local bodies empowers marginalized groups politically, improving grassroots governance and inclusion.
5. Economic reservations (EWS) broaden affirmative action to poor upper-caste groups, enhancing economic equity beyond caste.
6. However, benefits often fail to reach the poorest within these groups due to the creamy layer effect and implementation gaps.

3. Explain the challenges faced in implementing reservation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. How can these be addressed?

1. Creamy layer exclusion causes affluent OBCs to monopolize benefits, while poorest remain unreached.
2. Dalit Christians and Dalit Muslims are excluded from SC/ST status despite similar socio-economic conditions.
3. Many reserved government posts remain vacant due to high qualification barriers and institutional resistance.
4. Social discrimination and educational inequalities limit effective utilization of reservation benefits.
5. Periodic review and limiting reservation to one generation can prevent monopolization and increase equity.
6. Addressing implementation gaps through stricter monitoring, sub-quotas, and expanding reservations to private sector can improve outcomes.

4. With suitable examples, discuss the role of political representation of marginalised groups in reducing poverty and promoting social welfare in India.

1. Reserved parliamentary and panchayat seats for SC/ST ensure political voice and policy focus on marginalized communities.
2. Studies show constituencies with reserved seats have experienced poverty reduction and increased social welfare spending.
3. Women’s Reservation Bill (one-third seats) aims to improve gender representation, enhancing social justice and welfare.
4. Local governance reservations empower marginalized groups to influence development priorities at grassroots level.
5. Political inclusion has led to targeted schemes, better resource allocation, and improved public services in marginalized areas.
6. Continued challenges include under-representation at higher levels and delayed enactment of women’s reservation legislation.