What is Reservation? Historical Background, Constitutional Provisions, Landmark Judicial Decisions

What is Reservation ?

• Definition: Reservation is a policy of affirmative action under which special opportunities are provided to socially and educationally backward classes (SEBCs), Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), Economically Weaker Sections (EWS), women and persons with disabilities in the fields of education, employment, and political representation.
• Objective: To ensure social justice, equal opportunities, and to remove historical disadvantages faced by marginalized communities.

Historical Background

• Pre-independence: In 1902, Chhatrapati Shahuji Maharaj of Kolhapur introduced reservations in jobs for backward classes.
• Constituent Assembly: Dr. B. R. Ambedkar strongly advocated for protective measures for SCs and STs.
• Post-independence: The Constitution of India (1950) formally introduced the system of reservations.

Constitutional Provisions Related to Reservation

Article 15

• 15(4): The State can make special provisions for the advancement of socially and educationally backward classes, SCs, and STs in educational institutions.
• 15(5): Reservation in private educational institutions (except minority institutions).
• 15(6): 10% reservation for Economically Weaker Sections (EWS) – introduced by the 103rd Constitutional Amendment Act, 2019.

Article 16

• 16(4): The State may provide reservation in public employment for backward classes.
• 16(4A): Reservation in promotion for SCs and STs.
• 16(4B): Carry-forward of unfilled reserved vacancies.

Article 46

• Directive Principle: The State shall promote the educational and economic interests of SCs, STs, and other weaker sections.

Article 243D & 243T

• Reservation of seats in Panchayats and Municipalities for SCs, STs, and women.

Articles 330 & 332

• Reservation of seats for SCs and STs in Lok Sabha and State Legislative Assemblies.

Article 335

• Claims of SCs and STs in appointments and promotions must be considered, keeping in mind the efficiency of administration.

Present Status of Reservation (Central Level)

• Total: Approximately 60% (Although in Indira Sawhney vs Union of India, 1992, the Supreme Court capped reservation at 50%, this ceiling has been breached after the introduction of EWS quota).

Objectives and Significance

• To provide social and educational upliftment of marginalized groups.
• To correct historical injustice and inequality.
• To ensure adequate representation in education, employment, and politics.
• To achieve social justice and inclusive development.

Landmark Judicial Decisions on Reservation in India

1. Indra Sawhney vs Union of India (1992)

• Historic judgment delivered by a 9-judge bench of the Supreme Court.
• Key points:
  • Reservation under Article 16(4) cannot exceed 50% (except in extraordinary situations).
  • No reservation shall be provided in promotions.
  • Within OBCs, the “creamy layer” (economically advanced members) must be excluded from reservation benefits.

2. M. Nagaraj vs Union of India (2006)

• Upheld the constitutional validity of reservation in promotions.
• However, imposed three conditions for the state:
  1. Collect quantifiable data showing the backwardness of SCs and STs.
  2. Establish their inadequate representation in public employment.
  3. Ensure that reservation in promotion does not affect administrative efficiency.

3. Jarnail Singh vs L. Narayan Gupta (2018)

• Modified certain conditions of the Nagaraj judgment.
• Decision:
  • Reservation in promotion for SCs and STs will continue.
  • The requirement of collecting quantifiable data to prove the backwardness of SCs/STs was removed.
  • States only need to show inadequate representation and safeguard administrative efficiency.

4. Janhit Abhiyan vs Union of India (2022)

• The Supreme Court upheld the validity of the 103rd Constitutional Amendment Act, 2019.
• Decision:
  • Confirmed the legality of 10% reservation for Economically Weaker Sections (EWS).
  • Held that this does not violate the Right to Equality.
  • Clarified that the 50% ceiling does not apply to EWS reservation as it constitutes a separate category.

5. State of Punjab vs Davinder Singh (2024)

• Recognized the validity of sub-classification within Scheduled Castes.
• Decision:
  • States are empowered to provide separate quotas within SCs to ensure that the most disadvantaged among them receive reservation benefits.
  • This ensures that reservation benefits are not monopolized by a few dominant sub-castes but are equitably distributed.