The reservation policy in India remains a very important issue in 2025. Recent political promises to increase reservation beyond the current limits have sparked debates. Simultaneously, the Supreme Court is examining petitions on introducing a ‘creamy layer’ system for Scheduled Castes (SC) and Scheduled Tribes (ST). This article outlines the constitutional framework, judicial rulings, key arguments, and future directions on reservations.
Constitutional Provisions on Reservation
Articles 15 and 16 of the Constitution of India guarantee equality to all citizens. They allow the state to make special provisions for socially and educationally backward classes, SCs, STs, and Other Backward Classes (OBCs). These provisions aim to promote social justice by ensuring representation in education and public employment. The current central reservation stands at 59.5% – 27% for OBCs, 15% for SCs, 7.5% for STs, and 10% for Economically Weaker Sections (EWS). States vary their reservation policies based on local demographics.
Judicial Interpretations and Limits
The Supreme Court has set important precedents on reservation limits. The 1962 Balaji case ruled that reservations must be within ‘reasonable limits’ and capped at 50%. This reflects formal equality, treating reservations as exceptions to equal opportunity. In contrast, the 1975 Kerala case introduced substantive equality, viewing reservations as a continuation of equal opportunity to correct historical disadvantages. The 1992 Indra Sawhney case upheld the 27% OBC reservation and reaffirmed the 50% cap, allowing exceptions only in extraordinary cases. It also introduced the ‘creamy layer’ concept for OBCs to exclude the more affluent. The 2022 Janhit Abhiyan case validated the 10% EWS quota, distinguishing it from backward class reservations.
Controversies and Social Dynamics
There is growing demand to raise reservation beyond 50% to reflect the actual population of backward classes. A caste census is awaited to provide accurate data. However, many reserved seats remain unfilled at the central level. The Rohini Commission revealed that only 25% of OBC castes benefit from 97% of reserved opportunities. Nearly 1,000 OBC communities have zero representation. Similar concentration exists in SC and ST categories. The ‘creamy layer’ exclusion is currently not applied to SCs and STs. The 2024 Punjab case urged the government to consider such exclusion. Critics argue that since vacancies remain unfilled, applying a creamy layer may worsen backlog and reduce opportunities for marginalised groups.
Future Directions and Policy Considerations
The right to equality is fundamental, and increasing reservation to 85% may conflict with this right. Yet, affirmative action is essential for substantive equality. The 2027 Census will provide updated data on backward classes, aiding informed policy decisions. Implementing sub-categorisation within OBCs, as recommended by the Rohini Commission, is crucial. For SCs and STs, a ‘two-tier’ reservation system could prioritise the most marginalised sections. Such measures aim to ensure equitable distribution of benefits across generations. Additionally, skill development and employment initiatives are vital to complement reservation policies and address broader youth aspirations.
Questions for UPSC:
- Critically discuss the constitutional provisions related to reservation in India and analyse their impact on social justice.
- Examine the Supreme Court’s role in shaping reservation policies and point out the significance of the 50% cap on reservations.
- Estimate the socio-economic consequences of implementing a ‘creamy layer’ exclusion in Scheduled Castes and Scheduled Tribes reservations, and analyse its potential challenges.
- Analyse the importance of sub-categorisation within Other Backward Classes and discuss how it can address intra-category disparities in reservation benefits.
