Reservation

From Justice Definitions Project

What is "Reservation"

Reservation in India refers to a constitutionally mandated system of affirmative action aimed at ensuring adequate representation and opportunities for historically disadvantaged communities, particularly Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC), in education, employment, and political institutions.Constitution of India - Article 15(4), 16(4) MHRD Official Report on Reservation Policies

Historical Background of "Reservation" in India

The roots of reservation can be traced back to the British colonial era when various caste-based discrimination policies were practiced. However, it was only during the pre-independence period that formal demands for positive discrimination were made to improve the lives of marginalised communities. Notably, in 1881 and 1891, there were calls for more attention to be given to the educational and economic advancement of backward classes.

Post-Independence Evolution

After India gained independence in 1947, the Constituent Assembly, under the leadership of Dr. B.R. Ambedkar, took crucial steps to eliminate untouchability and social discrimination. The Indian Constitution, adopted in 1950, enshrined provisions for affirmative action in the form of reservations for SCs, STs, and later, OBCs.

The first significant step towards reservation came with the establishment of the Mandal Commission in 1978. This commission was tasked with identifying socially and educationally backward classes, and it recommended 27% reservation for OBCs in government services. This recommendation was implemented in the 1990s, sparking widespread protests and debates. The implementation of the Mandal Commission’s recommendations was a turning point, as it marked a shift from focusing on only SCs and STs to also including OBCs in the affirmative action system. https://lawbhoomi.com/reservation-in-india/#Historical_Background_of_Reservation_in_India

Types of Reservation in India

Reservation in India is a system designed to ensure social and educational equity for historically disadvantaged groups. Rooted in the Constitution, reservation policies aim to correct centuries of discrimination faced by marginalized communities. The reservations apply in areas like education, employment, and politics, and are mainly targeted towards Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), Economically Weaker Sections (EWS), and special groups like women and persons with disabilities. Over time, this system has evolved through amendments, commissions, and landmark judgments.

1. Scheduled Castes (SC) Reservation

Reservation for Scheduled Castes (SC) was one of the earliest and most important affirmative action measures introduced by the Constitution of India. It was designed to provide opportunities for communities historically subjected to untouchability and social exclusion. SCs are granted 15% reservation in government jobs, public educational institutions, and political bodies like the Lok Sabha and State Assemblies. The constitutional basis for this reservation lies in Articles 15(4) and 16(4), which empower the state to make special provisions for the advancement of socially and educationally backward classes, particularly SCs. This ensures their equitable participation in national development and addresses the centuries of oppression they have faced. Constitution of India (1950), Articles 15(4) and 16(4). https://legislative.gov.in/constitution-of-india/

2. Scheduled Tribes (ST) Reservation

Scheduled Tribes (ST) are indigenous groups often geographically isolated from mainstream society and socio-economically disadvantaged. To promote their integration and protect their rights, the Constitution guarantees 7.5% reservation in employment, education, and legislative bodies. Like SCs, ST reservations are rooted in Articles 15(4) and 16(4) of the Constitution. Special legislative measures and developmental programs also accompany reservation benefits to ensure that tribal communities are protected from exploitation and receive better access to education and economic opportunities. This measure aims at their empowerment without eroding their unique cultural identities. Constitution of India (1950), Article 330. https://legislative.gov.in/constitution-of-india/

3. Other Backward Classes (OBC) Reservation

Other Backward Classes (OBCs) are groups identified as socially and educationally backward but not classified as SCs or STs. OBCs receive 27% reservation in central government jobs and educational institutions. This reservation is largely based on the recommendations of the Mandal Commission Report (1980), which emphasized the need to uplift OBCs through affirmative action. The Supreme Court upheld the constitutional validity of OBC reservations in the landmark Indra Sawhney judgment (1992), while capping total reservations at 50%. The objective is to provide fair representation and reduce the structural inequalities that have historically hampered OBCs' access to education and employment.Mandal Commission Report (1980)

4. Economically Weaker Sections (EWS) Reservation

Introduced through the 103rd Constitutional Amendment Act (2019), reservation for Economically Weaker Sections (EWS) targets individuals who are economically disadvantaged but do not fall under SC, ST, or OBC categories. A 10% reservation is provided in central government jobs and educational institutions for EWS candidates. This move marks a shift from the traditional caste-based affirmative action towards economic criteria, ensuring that economically poor candidates from the General category also have access to state support. Eligibility is determined based on family income and asset ownership, with strict thresholds defined by government policy. The Constitution (One Hundred and Third Amendment) Act, 2019.The Constitution (One Hundred and Third Amendment) Act, 2019

5. Women Reservation

To address the underrepresentation of women in politics and other fields, India has introduced gender-based reservations, mainly in local governance. The 73rd and 74th Constitutional Amendments mandate 33% reservation for women in Panchayati Raj Institutions and municipal bodies. A landmark Women's Reservation Bill (passed in 2023) also proposes to reserve 33% of seats for women in Parliament and State Assemblies. These measures aim to promote gender equality, empower women politically, and ensure their participation in decision-making processes. Over time, women’s reservation has become a critical tool for bridging the gender gap across sectors. The Constitution (Seventy-third Amendment) Act, 1992. The constitution (73rd Amendment) Act,1922

6. Persons with Disabilities (PwD) Reservation

The Rights of Persons with Disabilities Act, 2016 introduced significant reforms in India's reservation system for persons with disabilities (PwD). The Act mandates a 4% reservation in government jobs and a 5% reservation in higher education institutions for individuals with benchmark disabilities. PwDs face systemic barriers in accessing education and employment; hence, reservation ensures equal opportunity and social integration. Various categories of disabilities — including physical, intellectual, mental, and neurological disabilities — are covered. This type of affirmative action reinforces the principle of dignity and equality enshrined in the Indian Constitution. Rights of Persons with Disabilities Act (2016). Rights of Persons with Disabilities Act (2016).

7. Minority Communities (Religious and Linguistic) Reservation

Certain state governments provide reservations to religious and linguistic minorities, especially Muslims, Christians, and others classified under Minorities as per the National Commission for Minorities Act (1992). While the central government has not introduced blanket reservations for minorities, many states like Kerala, Andhra Pradesh, and Karnataka have set quotas or sub-quotas under OBC reservations for minority communities. This effort seeks to promote social inclusion, improve educational access, and enhance employment opportunities for minorities facing socio-economic disadvantages, without altering the overall structure of vertical reservations. National commission for minorities Act (1992)

Vertical vs Horizontal Reservation In India

The Indian reservation system is constitutionally mandated to promote social equality by ensuring that underrepresented and disadvantaged communities get fair access to public sector jobs, educational institutions, and political representation. This system is broadly divided into vertical and horizontal reservations, both serving different purposes but functioning together within the legal framework.

Vertical reservation refers to quotas for historically disadvantaged social groups such as Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), and more recently, Economically Weaker Sections (EWS). These reservations are applied as distinct categories, each with a defined share of seats or posts. For example, as per central government policy, SCs are entitled to 15%, STs to 7.5%, and OBCs to 27% reservation in central services and institutions. The 10% EWS quota was introduced through the 103rd Constitutional Amendment Act, 2019. These figures are outlined in various policy documents from the Department of Personnel and Training (DoPT) and Ministry of Social Justice and Empowerment. You can refer to the DoPT's reservation FAQs here: DoPT's reservation FAQs and the Ministry’s guidelines here: Ministry's guidelines.

Horizontal reservation, on the other hand, is a mechanism designed to provide additional representation across the vertical categories. This includes sub-groups like women, persons with disabilities, and ex-servicemen. These reservations are applied within each vertical category. For instance, if there is a 33% horizontal reservation for women, it will apply separately within the SC, ST, OBC, and General categories. This layered system ensures intersectional representation. For example, an OBC woman with a disability may simultaneously benefit from both vertical (OBC) and horizontal (women and disability) reservations. The legal interpretation of horizontal reservation was elaborated in the case of Anil Kumar Gupta v. State of Uttar Pradesh, AIR 1995 SC 932, where the Supreme Court clarified that horizontal quotas should be adjusted within the vertical categories, and not added on top of them.

The concept of vertical reservation was firmly established in the landmark case Indra Sawhney v. Union of India (1992), which upheld caste-based reservation for OBCs and set important guidelines, including a cap of 50% on total reservations. This decision also rejected reservation in promotions for OBCs, though subsequent amendments modified this stance for SC/STs. For official guidelines on this subject, refer to the DoPT’s reservation policy page: Reservation policy page

Aspect Vertical Reservation Horizontal Reservation
Meaning Reservation for different main categories like SC, ST, OBC, EWS. Reservation across all main categories, based on other identities like gender, disability, etc.
Application Applied independently to specific caste-based groups. Applied within each vertical category (SC, ST, OBC, General) for subgroups like women, disabled, etc.
Example 15% for SCs, 7.5% for STs, 27% for OBCs. 33% for women, 4% for persons with disabilities.
Nature Social identity-based (caste, tribe, economic background). Non-caste factors (gender, disability, ex-servicemen, etc.).
Judicial Clarification Explained by Supreme Court in Indra Sawhney vs Union of India (1992). Clarified in Anil Kumar Gupta v. State of Uttar Pradesh (1995).

Constitutional Provisions Related to Reservation

Comparitive Jurisprudence

As a legal concept, “reservation” in India aligns with what several other jurisdictions term “affirmative action” or “positive action.” While the core purpose—addressing systemic inequality and ensuring equitable access—is shared globally, the legal frameworks, policy tools, and data collection mechanisms vary significantly across countries. This section provides a comparative overview of how the United States, the United Kingdom, and Australia have defined, operationalized, and institutionalized such measures, with references to their respective legal systems and official data sources.

United States: Affirmative Action

In the United States, affirmative action refers to proactive policies designed to rectify historical discrimination faced by racial minorities and women, particularly in education and employment. The legal foundation for such policies was laid through landmark Supreme Court judgments such as Regents of the University of California v. Bakke (1978) and further shaped by executive directives like Executive Order 11246, which requires federal contractors to implement affirmative action programs.

Affirmative action is monitored primarily by the Equal Employment Opportunity Commission (EEOC), which mandates that large employers submit demographic data through EEO-1 reports. These reports classify employees based on race, gender, and job category to ensure representation and compliance. EEOC,2024

Notably, in 2024, the Office of Management and Budget (OMB) updated federal race and ethnicity data standards to allow for multiple identity selections, marking a shift toward more inclusive classification Reuters, 2024. These reforms reflect evolving social understandings of identity in the U.S., while reinforcing the role of data transparency in supporting affirmative policies.

United Kingdom: Positive Action

The United Kingdom adopts the concept of “positive action,” which differs from quotas but allows for certain measures to assist disadvantaged groups under specific conditions. Codified in Sections 158 and 159 of the Equality Act 2010, positive action permits steps that address disadvantages faced by individuals with protected characteristics—such as gender, race, and disability—provided such measures are proportionate and evidence-based Equality Act, 2010.

Employers may use positive action during hiring or promotion decisions, particularly where candidates are "as qualified as" others, and where the protected group is underrepresented. The UK Government has issued guidance outlining the limits of this mechanism, emphasizing that it must not lead to unlawful positive discrimination Gov.UK 2023

Although not legally mandated, many UK employers voluntarily collect diversity monitoring data via anonymized employee surveys, aiming to assess and improve representation in the workforce. This practice is especially common in public institutions and large corporations, which are increasingly held accountable for equity standards Lewis Silkin LLP, 2022.

Australia: Affirmative Measures and Targeted Recruitment

Australia implements affirmative action primarily through affirmative measures within the public sector, focusing on historically disadvantaged groups, especially Aboriginal and Torres Strait Islander peoples and people with disabilities. The legal justification stems from the Racial Discrimination Act 1975 and related federal guidelines which permit targeted hiring in certain public roles Australia Public Service Commission, 2024

One significant feature of Australia’s approach is the use of designated roles—positions that are explicitly reserved for Indigenous applicants as part of the Inclusive Recruitment Program Department of Finance, 2024. These policies aim to address underrepresentation and promote cultural inclusion in the workforce.

In terms of data, the Workplace Gender Equality Agency (WGEA) plays a critical role in collecting workforce statistics from businesses across the country. The agency gathers data on gender composition, pay equity, and leadership roles in an effort to inform government policies and corporate best practices WEGA, 2023.

Ongoing Debates on Reservation in India

The reservation policy in India is a cornerstone of its constitutional vision of social justice. Originally intended to uplift Scheduled Castes (SCs), Scheduled Tribes (STs), and later Other Backward Classes (OBCs), it has expanded to include Economically Weaker Sections (EWS). However, the policy has triggered persistent debates across legal, social, economic, and political dimensions.

1. The 50% Ceiling Rule

In Indra Sawhney v. Union of India (1992), the Supreme Court upheld OBC reservations but set a limit of 50% on total quotas, allowing exceptions only under “extraordinary situations.” This rule became a constitutional benchmark for ensuring that merit and equality were not overridden by excessive affirmative action. However, the 103rd Constitutional Amendment (2019) introduced a 10% EWS quota, breaching the ceiling and igniting fresh debate.

In Janhit Abhiyan v. Union of India (2022), a 3:2 Supreme Court majority upheld the EWS quota, stating that the 50% rule is not part of the Constitution’s basic structure and may be relaxed for economic reservations. The dissenting judges warned that lifting the cap could lead to unprincipled expansion of reservations and societal fragmentation.

2. Caste vs. Economic Criteria

Reservations in India have historically targeted social and educational backwardness, not just economic poverty. Critics of the EWS quota argue that poverty alone does not capture the systemic oppression experienced by SC/ST/OBC groups. For instance, a poor Dalit may still face social discrimination despite rising income, unlike a poor upper-caste individual.

The inclusion of EWS has also raised fairness concerns. SC/ST/OBC individuals are excluded from the EWS quota even if economically poor, on the ground that they already benefit from existing reservations. This exclusion was upheld in Janhit Abhiyan, but remains controversial among scholars and activists.

3. Creamy Layer and Intra-group Inequality

The concept of the creamy layer, introduced in Indra Sawhney, aims to exclude the advanced sections within OBCs from reservation benefits. The goal is to ensure that affirmative action reaches the truly disadvantaged. Later, in Jarnail Singh v. Lachhmi Narain Gupta (2018), the Supreme Court extended this principle to SC/STs in promotions.

This has led to a larger debate: who among the backward classes truly needs reservations? Sub-classification of castes within SCs and OBCs, to prevent more dominant sub-groups from monopolizing benefits, is now constitutionally permitted. In State of Punjab v. Davinder Singh (2020), the Court allowed states to make such sub-groupings to better target the most disadvantaged communities.

4. Reservation in Promotions

While initially disallowed in Indra Sawhney, promotions with reservation for SCs/STs were reintroduced via the 77th Constitutional Amendment (Article 16(4A)). In M. Nagaraj v. Union of India (2006), the Court upheld this but added conditions: the state must demonstrate backwardness, inadequate representation, and that such reservation will not affect administrative efficiency.

In Jarnail Singh, the Court removed the need to prove backwardness for SCs/STs but upheld the other requirements. The creamy layer filter was also applied here. While this helps ensure equity, it complicates policy implementation, especially for state governments.

5. Political and Social Pressures

Reservations have become a politically sensitive tool, often shaped by electoral calculations. Communities like Marathas (Maharashtra), Patels (Gujarat), and Jats (Haryana) have agitated for inclusion under OBC or SEBC categories despite being socioeconomically dominant.

In Jaishri Laxmanrao Patil v. State of Maharashtra (2021), the Supreme Court struck down the Maratha quota, reaffirming the 50% ceiling and stating that Marathas were not an “extraordinary” case.

Meanwhile, the Bihar caste survey has renewed calls to lift the 50% cap and make reservations proportionate to population share. Several opposition parties have adopted this as a political demand heading into elections.

Appearance of ‘Reservation’ in Database

The term “reservation” in the Indian legal and policy context refers to constitutionally and statutorily mandated affirmative action measures that provide preferential access to education, employment, and political representation for socially and educationally disadvantaged groups, including Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and, more recently, Economically Weaker Sections (EWS). This term is invoked in various official and non-official databases through legislative documents, administrative records, caste lists, recruitment rosters, and court judgments.

Government-Maintained Databases

1. India Code

India Code is an official database maintained by the Ministry of Law and Justice. It serves as a repository of all Central Acts, including the Constitution and its amendments. The term "reservation" appears prominently in constitutional provisions such as Articles 15(4), 15(5), 15(6), and 16(4), as well as in statutory laws like the Central Educational Institutions (Reservation in Admission) Act, 2006. The database is structured with searchable fields including act names, section numbers, and historical amendments. Each act or amendment is coded by year and number, for example, "Act No. 5 of 2019" for the Constitution (103rd Amendment) Act. The methodology involves direct digitization and ongoing legal updates through official gazette notifications. India code home page

2. eGazette of India

The eGazette is the digital version of the official Gazette of India, managed by the Department of Publication under the Ministry of Housing and Urban Affairs. It includes official notifications about the implementation or modification of reservation policies, such as community inclusion in OBC lists, EWS guidelines, and roster systems. The term "reservation" is frequently used in the context of administrative orders. Each gazette notification includes fields such as the issuing authority, subject, notification number (e.g., S.O. 123(E)), and publication date. These are coded with standardized abbreviations such as SC, ST, OBC, and EWS. Data is submitted by central ministries and states and made available in PDF format through keyword-searchable archives. eGazette Home Page

3. NCBC Caste List Database

Maintained by the National Commission for Backward Classes (NCBC), this database provides a state-wise list of communities eligible for reservation under the OBC category. The term "reservation" is central to the purpose of this list, which is used to administer and monitor backward class welfare schemes. Entries include fields such as state name, caste or community name, religion, sub-caste, and classification code. The data is collated from state government submissions, field studies, and public hearings. Each entry is numerically coded, and the lists are published in PDF format for public access. Abbreviations like CL (Creamy Layer) and NL (Non-Creamy Layer) are used for further classification. NCBC Home Page

Non-Government Databases

1. Indian Kanoon

Indian Kanoon is a widely used legal research platform that provides full-text access to Indian court judgments. The term "reservation" appears frequently in constitutional cases, service law disputes, and public interest litigations. The database includes searchable fields such as case title, court, judgment date, citations, and legal provisions discussed. Each case is identified by unique IDs and citations (e.g., AIR 1992 SC 477 for Indra Sawhney). The data is scraped from court websites and categorized using natural language processing. Common abbreviations include Art. 15, Art. 16, SC/ST/OBC, and quota, and the term is often contextualized within judicial interpretation of equality and affirmative action. Indiankanoon Home Page

2. PRS Legislative Research

PRS Legislative Research is a non-profit organization that tracks and analyzes the functioning of Parliament and state legislatures. It publishes legislative briefs, bill summaries, and committee reports. The term "reservation" appears in documents analyzing constitutional amendments, such as the 103rd Amendment, and in education and employment policies. PRS briefs are structured with fields like bill title, summary, timeline, committee findings, and legal impact. Bills are coded by year, subject area, and status (e.g., passed, pending, withdrawn). Abbreviations such as CEI (Central Educational Institutions), OBC, and EWS are used. The methodology involves legislative tracking, expert analysis, and publication in a user-accessible format. PRS Home Page


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