reservation

The Constitution allows special provision for the advancement of socially and educationally backward classes and the Scheduled Castes and Scheduled Tribes (Article 15(4)), including in admissions to private educational institutions (Article 15(5)), and reservation of appointments for backward classes inadequately represented in State services (Article 16(4)), with reservation in promotion for SCs and STs (Article 16(4A)). The 103rd Amendment, 2019 added Articles 15(6) and 16(6) for economically weaker sections, upheld in Janhit Abhiyan.

In Indra Sawhney (1992) the Court upheld OBC reservation, required the creamy layer to be excluded, held that reservation should not normally exceed 50 per cent, and barred reservation in promotions (later reversed for SC/ST by Article 16(4A)). Reservations are an aspect of equality, not an exception to it.

Example

Applying Indra Sawhney, the State's 68 per cent quota was struck down for exceeding the 50 per cent limit without extraordinary circumstances.

In Indian law

• Articles 15(4), 15(5), 15(6), 16(4), 16(4A) and 16(6), Constitution of India
• Indra Sawhney v. Union of India (Supreme Court, 1992): creamy layer and 50 per cent limit
• Janhit Abhiyan v. Union of India, 2022 INSC 1175: EWS reservation upheld

See also

creamy layer · reasonable classification · equality before law

Read more in the study notes

• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)
• Enforcement of arbitral awards and foreign awards (Alternative Dispute Resolution Systems)
• Negotiation: meaning, styles and approaches (Alternative Dispute Resolution Systems)
• Phases of negotiation, qualities of a negotiator and power to negotiate (Alternative Dispute Resolution Systems)
• Mediation: meaning, the mediator and essential characteristics (Alternative Dispute Resolution Systems)