Why in News: Bihar Opposition leader Tejashwi Yadav has promised to raise reservations up to 85% if elected. The Supreme Court has issued notice to the Union Government on a petition demanding a ‘creamy layer’ exclusion mechanism for SCs and STs.
Constitutional Provisions
Article 15
- Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- Empowers the State (Art. 15(4) & 15(5)) to make special provisions for advancement of socially and educationally backward classes (SEBCs), OBCs, SCs, and STs.
- Allows reservation in educational institutions including private (except minority institutions).
Article 16
- Guarantees equality of opportunity in public employment.
- Allows reservation in favour of backward classes inadequately represented in State services.
- Provides for reservation in promotion for SCs and STs under Article 16(4A).
Evolution of Judicial Interpretation
1. Balaji vs. State of Mysore (1962)
- Reservations should be “within reasonable limits.”
- Capped at 50%, treating reservations as an exception to equality.
2. State of Kerala vs. N.M. Thomas (1975)
- Reservations seen as a continuation of equality of opportunity, not an exception.
- Emphasis on substantive equality.
3. Indra Sawhney (1992) – Nine-judge bench
- Upheld 27% OBC reservation.
- Reaffirmed 50% ceiling except in “extraordinary situations.”
- Introduced the creamy layer concept for OBCs.
4. Janhit Abhiyan vs. Union of India (2022)
- Upheld 10% EWS quota.
- Held that the 50% cap applies to backward classes, but not to separate categories like EWS.
5. State of Punjab vs. Davinder Singh (2024)
- Court suggested need for creamy layer exclusion in SC/ST reservations, though government rejected it.
Formal vs Substantive Equality
Formal Equality
- Treats everyone the same irrespective of historical disadvantages.
- Reservation seen as an exception, capped at 50%.
Substantive Equality
- Recognises historical discrimination and unequal starting points.
- Reservation is a tool of equality, not an exception.
- May justify exceeding the 50% cap to ensure genuine representation.
Present Status of Reservation
- Central Level (59.5%)
- Varies across states (e.g., Tamil Nadu exceeds 69%).
- 40–50% of reserved seats for SCs, STs, and OBCs remain vacant in Central government posts.
Concerns and Debates
1. Exceeding the 50% Cap
- For: Reflects real demographics, ensures representation of backward classes.
- Against: Risks undermining equality of opportunity for unreserved sections; may be struck down by courts.
2. Creamy Layer Debate
- Exists for OBCs (Indra Sawhney).
- Not applied to SCs/STs due to persistent discrimination.
- Critics argue absence of creamy layer leads to elite capture.
- Others fear it will increase backlog vacancies and weaken social justice.
3. Concentration of Benefits
Rohini Commission (OBCs):
- 97% of jobs/educational seats taken by 25% of OBC castes.
- ~1,000 OBC sub-castes have zero representation.
- Similar trends in SCs and STs.
4. Vacancies and Backlogs
- Large backlog in SC/ST/OBC quotas.
- Risk that unfilled posts may convert to general seats.
5. Demand for Caste Census
- Strong demand for empirical data (Census 2027 likely to enumerate caste).
- Essential to rationalise reservation policies.
Way Forward
1. Evidence-Based Policy
- Conduct caste census to determine actual population shares and representation gaps.
2. Sub-Categorisation
- Implement Rohini Commission recommendations to distribute benefits equitably within OBCs.
- Similar models for SCs/STs (two-tier system prioritising most marginalised).
3. Creamy Layer Debate
- Explore a context-sensitive creamy layer for SCs/STs without exacerbating backlogs.
- Ensure no rollback of genuine opportunities for the poorest.
4. Reservation + Development
- Complement reservations with quality education, skill development, and private sector opportunities.
- Focus on capacity building, not only quota filling.
5. Judicial and Legislative Balance
- Revisit the 50% cap debate through a Constitution Bench.
- Parliament must ensure political consensus and federal dialogue before expanding quotas.
Conclusion
Reservation policy in India represents a tension between formal and substantive equality. While the 50% ceiling embodies caution against overreach, socio-economic realities and caste-based disadvantages necessitate flexible, data-driven, and equitable reforms.
UPSC Relevance
GS Paper II: Polity, Equality, Social Justice, Fundamental Rights.
GS Paper I (Society): Social empowerment, caste dynamics.
Mains Practice Question:
Q. “Reservations are not an exception to the idea of equality of opportunity but its continuation.” Discuss in light of constitutional provisions, judicial pronouncements, and the demand to exceed the 50% ceiling.
