Reservation in India, Category Wise, Percentage, Provisions, Case Laws

The Reservation in India was created to provide equal opportunity to marginalised communities such as Scheduled Castes (SC), Scheduled Tribes (ST), and other backward classes. The aim was to eliminate social inequality, discrimination injustices being done to the marginalized community. The Reservation System in India helped disadvantaged groups to hold a place in the education system, the government jobs and legislation. In this article, we will discuss the reservation policy, structure and its impact. 

What is Reservation System in India?

The Reservation System in India was introduced for the purpose of ensuring justice and inclusive development. The goal of the Caste Reservation in India was to work towards the upliftment of communities that were having historical disadvantages of caste-hierarchy and systematic exclusion. The need of introducing Reservation in India was: 

• Social Equality: Ensure that oppressed communities like SCs, STs, OBCs receive equal access to education, employment and upward mobility. 
• Reduce Economic Gaps: The reserved seats at educational institutes and offices ensures that the marginalised group receive economic empowerment and stability. 
• Overcome historical injustice: Compensates for the years of injustice, discrimination, exclusion and denial of basic rights to SCs, STs and OBC groups. 
• Inclusive Representation: Provide diversity across public services as well as academia. 
• Strengthen democratic participation: enables marginalised communities to participate in governance and policymaking, providing a stronger voice in shaping the nation. 

Reservation in India History

The Reservation in India was created to address social inequalities and fair representation. The journey of caste-based reservation can be traced back to the colonial era: 

• 1882- Early Foundation: Reformers like William Hunter and Jyotirao Phule are remembered as the very initial people who initiated the need of caste-based reservations to uplift the marginalised groups and ensure social justice is served. 
• 1933- The Communal Awards: Communal Awards were introduced by British Prime Minister Ramsay Macdonald. Under this, it was proposed that electorates be separated for communities including Muslims, Sikhs, Indian Christians, Anglo-Indians, Dalits and Europeans.
• 1932- The Poona Pact: Mahatma Gandhi and Dr. B.R Ambedkar negotiated the separate electorates for dalits under the Poona Pact. The pact was concluded with the decision of establishing a common Hindu electorate having reserved seats for dalits in legislatures. 
• Post- Independence Constitutional Provisions: Dr. Ambedkar and the constituent assembly introduced reservations for SCs and STs in education, employment and legislatures. Initially it was set up for 10 years, but kept on extending due to social disparities. 
• 1991- Inclusion of OBCs: The Mandal Commission was established for the purpose of submitting a report about the OBCs. Based on this report, the Indian government provided reservation benefits of Other Backward Classes in order to address their historical socio-economic disadvantages. 

‹ ›

Mandal Commission for Reservation in India

The Mandal Commission was a major backward class commission that shaped India’s OBC Reservation in India policy and affirmative action framework.

• The Mandal Commission was established in December 1978 under Article 340 and formally set up on 1 January 1979 by the Morarji Desai government.
• It was chaired by B.P. Mandal (a Member of Parliament) and was tasked with identifying socially and educationally backward classes across India.
• The Commission developed 11 indicators covering social, educational and economic factors to determine backwardness and identify eligible communities.
• Its report, submitted to the President in December 1980, estimated that Other Backward Classes (OBCs) constituted about 52% of India’s population.
• Based on this estimate, the Commission recommended 27% reservation in central government jobs for OBCs to improve representation and social justice.
• The Commission prepared an all India list of over 3,000 OBC castes, covering both Hindu and non Hindu communities, including Muslims, Sikhs, Christians and Buddhists.
• It also identified over 2,000 highly disadvantaged groups under a separate “depressed backward classes” category for targeted welfare measures.
• In 1990, Prime Minister V.P. Singh announced implementation of its recommendations and in 1992 the Supreme Court upheld the 27% OBC reservation with certain conditions.

Reservation System in India Constitutional Provisions

The Reservation in India underwent a number of constitutional provisions and amendments: 

• Articles 15(4) & 16(4):  The state provides reservation in education and public employment for SCs, STs, and other backward classes.
• Article 16(4A) (77th Amendment, 1995): Reservation in promotions for SCs and STs.
• Article 16(4B) (81st Amendment, 2000): Allows the carrying forward of unfilled SC/ST vacancies beyond the 50% limit.
• Article 335: Balances the claims of SCs/STs in public employment with administrative efficiency.
• Articles 330 & 332: Provide reservation in Parliament and State Assemblies for SCs and STs.
• Articles 243D & 243T: Mandate reservations in Panchayats and Municipalities respectively.
• Article 15(6) & 16(6) (103rd Amendment, 2019): Introduce 10% reservation for Economically Weaker Sections (EWS) in the general category, in addition to the existing 50% cap for SCs, STs, and OBCs.

Reservation Percentage in India for SC/ ST/ OBC

The current Reservation Quota in India are based on caste and other social categories. The percentage of Reservation in India has been tabulated below:

Caste Reservation in India

In India, both government and select private educational institutions as well as Government Jobs implement reservation policies to promote equitable access to higher education for historically marginalized communities.

• Seats are reserved for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) to bridge educational disparities and ensure representation.
• In several states, private colleges, especially those receiving government aid, are also mandated to follow reservation norms for SC, ST, and OBC students.
• Even premier institutions like IITs, NITs, and top medical colleges adhere to reservation policies, fostering diversity and inclusion at the highest levels of academia.
• Around 60% of government job vacancies are reserved for SC, ST, OBC, and EWS categories, while 3% horizontal reservation is provided for persons with disabilities across all categories.

Reservation in India Landmark Cases

Reservation in India has been shaped by landmark Supreme Court judgments that defined reservation limits, promotions, creamy layer rules and constitutional amendments. These judgments have played a defining role in balancing affirmative action with constitutional principles of equality. India’s reservation framework has evolved through several critical Supreme Court rulings:

• State of Madras v. Champakam Dorairajan (1951): The Supreme Court struck down castebased admission quotas under Article 15. This led to the First Constitutional Amendment and insertion of Article 15(4) for backward classes, SCs and STs.
• M.R. Balaji v. State of Mysore (1963): The Court ruled that reservations in educational institutions should generally not exceed 50%, establishing a principle that continues to guide reservation policies across India.
• Indra Sawhney v. Union of India (1992): The Court upheld 27% OBC reservation, introduced the creamy layer concept, restricted reservations in promotions and reaffirmed the 50% reservation ceiling.
• Constitutional Changes after Indra Sawhney: Parliament enacted the 77th Constitutional Amendment, inserting Article 16(4A), which empowers states to provide reservation in promotions for SCs and STs.
• M. Nagaraj v. Union of India (2006): The Supreme Court upheld promotion reservations for SCs and STs but required proof of inadequate representation and protection of administrative efficiency.
• Jarnail Singh and Recent Judgements (2018-2024): The Court extended creamy layer exclusion to SC/ST promotions, allowed sub classification within reserved groups and reaffirmed constitutional equality principles in reservation policies.
• 103rd Constitutional Amendment (2019): The amendment introduced 10% EWS reservation in education and government jobs for economically weaker sections, beyond the existing 50% reservation cap.
• Janhit Abhiyan v. Union of India (2022): The Supreme Court upheld the validity of the 103rd Constitutional Amendment Act, 2019, which introduced a 10% reservation for Economically Weaker Sections (EWS), even if it breached the 50% ceiling.

Also Check: Difference Between Creamy Layer and Non Creamy Layer of OBC