Basics
- Constitutional Provisions:
- Article 15: Prohibits discrimination; allows special provisions for socially & educationally backward classes, SCs, STs.
- Article 16: Equality of opportunity in public employment; allows reservations for backward classes inadequately represented.
- Current Reservation at Centre:
- OBCs – 27%
- SCs – 15%
- STs – 7.5%
- EWS – 10%
- Total = 59.5% (varies across states).
- Judicial Ceiling: 50% limit (Balaji, Indra Sawhney), unless extraordinary circumstances.
- Creamy Layer Concept: Introduced in Indra Sawhney (1992) for OBCs; excludes advanced sections to ensure benefits for the truly backward.
- SC/ST Debate: No creamy layer exclusion yet; pending before SC (Davinder Singh, 2024).
Relevance : GS II (Polity – Constitutional Provisions: Articles 15 & 16, Judiciary, Social Justice, Reservation Policy).
Recent Developments
- Bihar Opposition Promise: Tejashwi Yadav pledges 85% reservation if voted to power.
- SC Notice to Centre: On demand for introducing creamy layer in SC/ST reservations.
Judicial Evolution
- Balaji v. State of Mysore (1962): Reservations must be “reasonable,” capped at 50%.
- N.M. Thomas (1975): Substantive equality → reservations as a continuation of equality, not exception.
- Indra Sawhney (1992):
- Upheld 27% OBC quota.
- Affirmed 50% cap (except in extraordinary cases).
- Introduced creamy layer exclusion for OBCs.
- Janhit Abhiyan (2022): Upheld 10% EWS quota; clarified that the 50% ceiling applies only to backward classes, not EWS.
- Davinder Singh (2024): Judges urged Centre to extend creamy layer to SCs/STs; Centre rejected.
Competing Principles of Equality
- Formal Equality: Equal treatment; reservations are exceptions → hence capped.
- Substantive Equality: Unequal groups need differential treatment → justifies affirmative action beyond 50%.
- Constituent Assembly View (Ambedkar): Reservations necessary but should remain a minority share to protect equality of opportunity.
Key Issues in Current Debate
- Reservation Expansion (85%):
- Pros: Reflects caste demographics, addresses historic exclusion.
- Cons: May violate equality principle, reduce open competition to negligible share.
- Creamy Layer for SC/ST:
- Pros: Prevents dominant sub-castes from cornering benefits; ensures justice for most deprived.
- Cons: Large vacancies remain unfilled; exclusion may weaken protection for SCs/STs facing stigma.
- Backlog & Representation Gaps:
- 40–50% of reserved seats for SCs/STs/OBCs remain unfilled in Central govt jobs.
- Rohini Commission: Found concentration of OBC benefits in ~25% castes; ~1,000 OBC communities had zero representation.
- Political Economy: Demands for caste census and quota hikes are tied to electoral mobilization.
Implications
- Legal: Exceeding 50% quota will face constitutional scrutiny; may require amendment or new precedent.
- Social: Heightened caste competition; intra-caste divisions (sub-categorisation).
- Political: Reservation demand becoming a central plank (Maratha, Patidar, Jat, OBC mobilisation).
- Administrative: Rising quota share may reduce general/open seats, fuelling resentment.
Way Forward
- Caste Census (2027): Empirical basis for rationalising reservation levels.
- Sub-Categorisation: Implement Rohini Commission recommendations within OBCs; explore 2-tier system for SC/STs.
- Creamy Layer Expansion: Debate extension to SCs/STs while ensuring no dilution of protection against stigma/discrimination.
- Skill Development & Jobs: Reservation alone insufficient; need parallel focus on employability, private sector absorption.
- Balanced Approach: Blend of substantive equality with merit protection to avoid social fracture.
