Overview

Reservation in India is the system of affirmative action under which a fixed share of seats and posts in government jobs, public educational institutions and legislatures is set aside for groups that have faced discrimination and exclusion. It covers four categories, namely the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes and, since 2019, the Economically Weaker Sections (EWS). In central government jobs and central institutions the shares are 15, 7.5, 27 and 10 per cent, which together make 59.5 per cent. The Constitution enables the system mainly through Articles 15(4) and 16(4).

What Is Reservation in India: Meaning and Basis

On What Basis Reservation Is Given: Backwardness and Representation

The idea behind the policy is that equal rules do not help people who start far behind. Instead of only forbidding discrimination, the State sets aside places for groups that equal rules alone would not lift. The makers of the Constitution held that the mere granting of the right to equality was not enough to overcome the age-old injustices suffered by the Scheduled Castes and Scheduled Tribes, so special constitutional measures were required to advance their interests.

Reservation is given on the basis of social and educational backwardness together with inadequate representation in the services of the State. The Constitution words the test differently for each sphere. Article 15(4) speaks of "socially and educationally backward classes of citizens" and of the Scheduled Castes and Scheduled Tribes. Article 16(4) allows reservation in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

The Economically Weaker Sections are the exception. Their quota rests on family income and other indicators of economic disadvantage, notified by the State, and not on caste. The Supreme Court recognised in 1992 that the Constitution speaks of social and educational backwardness, not of economic backwardness alone, which is why the EWS quota needed a separate amendment.

Is Reservation a Fundamental Right: Enabling Provisions Explained

Reservation is not a fundamental right of any individual. Articles 15(4), 16(4) and 16(4A) are enabling provisions, which allow the State to reserve but do not oblige it to do so. In M. Nagaraj v. Union of India (2006) the Supreme Court held that the State is not bound to make reservation for the Scheduled Castes and Scheduled Tribes in promotion. The right that a citizen can claim is equal opportunity under Article 16(1); reservation is the exception that serves the same goal.

Vertical and Horizontal Reservation Explained

Vertical reservation is the reservation for the social categories themselves: SC, ST, OBC and EWS. Each is a separate block of seats and a candidate falls into only one of them. Horizontal reservation cuts across these blocks. It is given to groups such as women, persons with disabilities and ex-servicemen, and a selected candidate is counted inside whichever vertical category he or she belongs to. Article 15(3), which allows special provision for women and children, is the constitutional base for the quota for women.

Table 1. Vertical and horizontal reservation compared
Point Vertical reservation Horizontal reservation
Who gets it SC, ST, OBC and EWS Women, persons with disabilities, ex-servicemen
Constitutional base Articles 15(4), 16(4), 15(6) and 16(6) Article 15(3) for women; laws and service rules for the others
How it is filled A separate block for each category Adjusted inside each vertical block
Effect on the total Adds to the reserved share Does not add to the total

Uttarakhand shows the difference. Besides its vertical quotas, the State gives 30 per cent horizontal reservation to women, 5 per cent to ex-servicemen and 4 per cent to persons with disabilities. A woman from the Scheduled Castes selected under the women's quota fills an SC seat, so the vertical total does not rise.

Where Reservation Applies: Jobs, Education, Legislatures and Local Bodies

The reservation system in India works in four spheres, and each has its own constitutional source.

  • Government jobs: Posts in government service are reserved under Article 16(4), with promotion quotas for SCs and STs under Article 16(4A).
  • Educational institutions: Seats at admission are reserved under Articles 15(4) and 15(5).
  • Legislatures: Seats in the Lok Sabha and the State Assemblies are reserved for SCs and STs under Articles 330 and 332. Of the 543 elected seats in the Lok Sabha, 84 are reserved for Scheduled Castes and 47 for Scheduled Tribes (as on 26 January 2019).
  • Local bodies: Seats in panchayats are reserved under Article 243D and in municipalities under Article 243T.

A reserved constituency is one in which only a member of the reserved group may contest, but every voter in the constituency votes. This was the system chosen in the Constituent Assembly in place of separate electorates. The Constitution makes no similar reservation of Lok Sabha seats for other disadvantaged groups.

History of Reservation in India: From Kolhapur to the Constitution

Reservation Before 1947: Kolhapur, Madras and the Poona Pact

Reservation in India is older than the Constitution. Shahu Maharaj, ruler of the princely state of Kolhapur, issued a reservation order on 26 July 1902 that provided 50 per cent reservation in government jobs and education for backward classes. Other governments followed over the next four decades.

  • 1918, Mysore: The Maharaja created a committee to implement reservation for non-Brahmins in government jobs and education.
  • 1921, Madras Presidency: The Justice Party government, the first elected body in Indian legislative history to legislate reservation, passed the first Communal Government Order (G.O. 613) on 16 September 1921.
  • 1932, Communal Award: Prime Minister Ramsay MacDonald's award extended separate electorates to the depressed classes.
  • 1932, Poona Pact: After Gandhi fasted against separate electorates, a pact signed at Yerwada Central Jail on 24 September 1932 settled on 148 reserved seats within joint electorates.
  • 1942: The Scheduled Castes gained 8.5 per cent reservation in central services for the first time.

The Poona Pact fixed a principle that still shapes political reservation, namely seats reserved for the depressed classes inside a common electorate and not separate electorates.

Reservation After 1950: Champakam, the First Amendment and Backward Classes Commissions

The Constitution came into force in 1950 with seat reservation for the Scheduled Castes and Scheduled Tribes in legislatures. Education quotas ran into Article 29(2). In State of Madras v. Champakam Dorairajan (1951) the Supreme Court held that a caste-based order for college seats violated Article 29(2), and Parliament answered with the First Amendment, which added Article 15(4) from 18 June 1951.

The question of the Other Backward Classes took far longer. The first Backward Classes Commission was appointed in 1953 under Kaka Kalelkar and reported in 1955, but no action was taken on it because its recommendations were considered too vague. Backward-class reservation stayed largely a State matter until the Mandal Commission of 1979 reopened it nationally.

Mandal Commission and the 1990 Order

The Mandal Commission, or Second Backward Classes Commission, was established in 1979 by the Janata Party government and headed by B. P. Mandal. It judged castes on eleven social, educational and economic indicators and gave social indicators 3 points each, educational indicators 2 points and economic indicators 1 point. Any caste that scored 11 of the possible 22 points was listed as backward.

  • Finding: Using the 1931 census, the commission estimated that 52 per cent of the population, belonging to 3,743 castes and communities, was backward.
  • Recommendation: 27 per cent reservation for OBCs in central government jobs, public undertakings and higher education. The figure was kept below the share of the population so that, with 22.5 per cent for SCs and STs, the total stayed under 50 per cent.
  • Other advice: Land reform and other steps to improve the condition of the OBCs.

The report of 1980 lay unused for about a decade. In August 1990 the National Front government under V. P. Singh decided to implement the reservation of central government jobs for OBCs, and the order of 13 August 1990 sparked violent anti-Mandal protests in many cities of north India. The OBC share in higher education came later with the 93rd Amendment, which inserted Article 15(5) in force from 20 January 2006.

Time line in two rows. 1902 Kolhapur order; 1921 Madras G.O. 613; 1932 Poona Pact; 1951 First Amendment; 1979 Mandal Commission; 1990 Mandal order. Then 1992 Indra Sawhney; 2006 Article 15(5); 2018 NCBC under Article 338B; 2019 EWS quota; 2022 Janhit Abhiyan; 2024 Davinder Singh; 2026 106th Amendment in force. Events in order, not to scale.

Constitutional Provisions on Reservation: Articles 15, 16, 46, 330 and 335

Articles 15 and 16: The Equality Code and Its Exceptions

Reservation sits inside the equality code of Articles 14 to 17. Article 14 guarantees equality before the law, Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth, Article 16 guarantees equality of opportunity in public employment and Article 17 abolishes untouchability. The reservation clauses are written into Articles 15 and 16 as exceptions that serve the same goal of equality.

Table 2. The reservation clauses of Articles 15 and 16
Provision What it permits Added by
Article 15(3) Special provision for women and children Original text
Article 15(4) Special provision for socially and educationally backward classes, SCs and STs First Amendment, 1951
Article 15(5) Reservation in admission to educational institutions, including private ones, but not minority institutions under Article 30(1) 93rd Amendment, in force 20 January 2006
Article 15(6) Special provision for economically weaker sections, up to 10 per cent of seats, over and above existing reservation 103rd Amendment, in force 14 January 2019
Article 16(4) Reservation of posts for a backward class not adequately represented in State services Original text
Article 16(4A) Reservation in promotion, with consequential seniority, for SCs and STs 77th Amendment, in force 17 June 1995; wording on seniority by 85th Amendment
Article 16(4B) Unfilled reserved vacancies of a year carried forward as a separate class, outside the 50 per cent ceiling of the year in which they are filled 81st Amendment, in force 9 June 2000
Article 16(6) Reservation for economically weaker sections, up to 10 per cent of posts in each category, over and above existing reservation 103rd Amendment, 2019

Two phrases do most of the work in Article 16(4): "backward class" and "adequately represented". The second means that job reservation is a remedy for under-representation, which is why courts keep asking the State for data on representation. Article 15(5) also settles a point that is often tested. Because the Constitution itself keeps minority educational institutions outside the admission quota, no body can require them to reserve seats for the Scheduled Castes.

Article 15(5) and the Central Educational Institutions (Reservation in Admission) Act, 2006, were upheld in Ashoka Kumar Thakur v. Union of India (10 April 2008), where the Court allowed the 27 per cent OBC quota in government-funded institutions and again insisted that the creamy layer be excluded.

Articles 46, 335 and 243D: Welfare, Efficiency and Local Bodies

Outside Part III, three provisions complete the framework.

  1. Article 46: A Directive Principle under which the State shall promote with special care the educational and economic interests of the weaker sections of the people, in particular the Scheduled Castes and Scheduled Tribes, and protect them from social injustice and all forms of exploitation.
  2. Article 335: The claims of the Scheduled Castes and Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in appointments to services and posts of the Union and the States. A proviso added by the 82nd Amendment allows relaxation in qualifying marks and lower standards of evaluation for reservation in promotion.
  3. Article 243D: Seats in every panchayat are reserved for SCs and STs in proportion to their population; not less than one-third of all seats and of chairperson offices are reserved for women; and a State legislature may reserve seats or chairperson offices for backward classes.

Article 335 is often misread. It names efficiency of administration as a consideration to be balanced with the claims of SCs and STs, and the Supreme Court reads reservation under Article 16(4) together with it, but the article does not define the term.

Legislatures, Lists and Commissions: Articles 330 to 342A

Article 330 reserves seats in the Lok Sabha for the Scheduled Castes and Scheduled Tribes, and Article 332 does the same in every State Legislative Assembly. The number of reserved seats bears, as nearly as may be, the same proportion to the total seats as the population of the group in the State bears to its total population. Reserved constituencies are rotated at each delimitation.

Article 334 originally let these seats lapse after ten years. Extensions came by amendment, and the 104th Amendment, in force from 25 January 2020, fixed the period at eighty years from the commencement of the Constitution, that is, until 25 January 2030, and let the nomination of Anglo-Indian members lapse after seventy years. A further extension needs another amendment.

Who counts as a beneficiary is decided by lists. The President notifies the Scheduled Castes under Article 341 and the Scheduled Tribes under Article 342. Article 340 lets the President appoint a commission to investigate the conditions of backward classes. The 102nd Amendment added Article 342A, under which the President notifies socially and educationally backward classes for the Central List, and Article 366(26C) defines such classes by reference to it. The commissions that watch over these groups sit under Articles 338, 338A and 338B.

Reservation Percentage in India: SC, ST, OBC and EWS

SC and ST Reservation in India: 15 and 7.5 Per Cent

The Scheduled Caste and Scheduled Tribe shares follow population. In central government jobs and central institutions 15 per cent is reserved for the Scheduled Castes and 7.5 per cent for the Scheduled Tribes, shares specified in 1982 for vacancies in public sector and government-aided educational institutions as well. In the 2011 census the two groups made up about 16.6 and 8.6 per cent of the population, and the Constitution (Scheduled Castes) Order, 1950 lists 1,108 castes across 28 States, while the Constitution (Scheduled Tribes) Order, 1950 lists 744 tribes across 22 States. The creamy layer exclusion applies only to OBCs; the Union government has told the Supreme Court that it does not apply to SCs and STs.

OBC Reservation: 27 Per Cent and the Central and State Lists

The Other Backward Classes have 27 per cent reservation in central government jobs and central educational institutions. They are communities other than SC and ST that suffer educational and social backwardness. The job quota came from the Mandal recommendations and the education quota from the 93rd Amendment and the Central Educational Institutions (Reservation in Admission) Act, 2006.

There are two kinds of OBC list. The Central List is notified by the President under Article 342A and applies to Union jobs and institutions. Each State keeps its own list for its own jobs and colleges, and the two may differ, so a community can be OBC in a State and not in the Central List. The number of backward castes in the Central List had risen to 5,013 by 2006, from the 3,743 the Mandal Commission identified.

Sub-categorisation of OBCs is the live issue. In October 2017 the President appointed a five-member commission under Justice G. Rohini under Article 340 to examine it. After 13 extensions it submitted its report to President Droupadi Murmu on 31 July 2023, with an updated list of 2,633 OBC castes.

EWS Reservation: Criteria and Status

EWS reservation gives up to 10 per cent of central government posts and of seats in educational institutions to economically weaker sections who are outside the SC, ST and Central List OBC categories. The 103rd Amendment received assent on 12 January 2019 and came into force on 14 January 2019, adding Articles 15(6) and 16(6). The quota is in addition to the existing reservation.

Article 15(6) leaves the definition to the State, which notifies economically weaker sections on the basis of family income and other indicators. For central jobs the eligibility is a gross annual family income below ₹8 lakh, with further tests on agricultural land and residential property. The amendment enables but does not force the States, and some States set their own criteria.

Reservation in the States: Tamil Nadu, the North-East and Recent Court Rulings

Quotas differ from State to State because each State sets them for its own jobs and colleges. Tamil Nadu has reserved 69 per cent since 1990. Its reservation law for backward classes, SCs and STs (Tamil Nadu Act 45 of 1994) was placed in the Ninth Schedule in 1994, and Article 31B protects Ninth Schedule laws from being declared void for violating fundamental rights. That is how Tamil Nadu kept 69 per cent against the 50 per cent ceiling set in 1992. Maharashtra now provides 10 per cent for the SEBC category created for Marathas, besides other sub-quotas; an earlier 16 per cent Maratha quota was struck down by the Supreme Court in 2021.

Other States tried to cross the ceiling without that protection and met the courts.

  • Bihar: The State raised reservation to 65 per cent in 2023, which with the 10 per cent EWS quota made 75 per cent, and the Patna High Court struck down the increase to 65 per cent on 20 June 2024.
  • Karnataka: A 2022 Act raised SC reservation from 15 to 17 per cent and ST reservation from 3 to 7 per cent, breaching the 50 per cent cap. Faced with court cases, the State reverted to 15 and 3 per cent in 2026.
  • Madhya Pradesh: On 9 October 2026 the High Court struck down a 2019 State law that had raised OBC reservation from 14 to 27 per cent, holding that no extraordinary conditions justified breaching the 50 per cent ceiling.
Table 3. Central shares of reservation by category
Category Central share Basis of the quota
Scheduled Castes 15 per cent Untouchability and exclusion; population share
Scheduled Tribes 7.5 per cent Isolation and backwardness; population share
Other Backward Classes 27 per cent Social and educational backwardness; creamy layer excluded
Economically Weaker Sections 10 per cent Family income and assets
Total 59.5 per cent The rest is open to all
One bar of central shares: SC 15, ST 7.5, OBC 27 and EWS 10 per cent. A dashed line marks the 50 per cent ceiling of 1992. The first three make 49.5 per cent; with the EWS quota the total is 59.5 per cent. Below: States fix their own shares, and Tamil Nadu keeps 69 per cent under the Ninth Schedule.

Landmark Judgments on Reservation: Ceiling, Creamy Layer, Promotion and Sub-classification

Indra Sawhney Case (1992): The Mandal Judgment

The Indra Sawhney case is the foundation of reservation law. The 1990 order giving 27 per cent of central jobs to OBCs was challenged on three grounds. It was said to violate equality of opportunity, caste was said not to be a reliable indicator of backwardness and the efficiency of public institutions was said to be at risk. A nine-judge bench decided the case on 16 November 1992.

  • 27 per cent upheld: The OBC quota in central government jobs was valid and caste was an acceptable indicator of backwardness.
  • Social backwardness: The Constitution recognises social and educational backwardness, not economic backwardness alone.
  • 50 per cent ceiling: Reservation should at no point exceed 50 per cent.
  • Creamy layer: The advanced section of a backward class must be excluded from the OBC quota.
  • No quota in promotion: Reservation in promotion was held unconstitutional, though existing promotion quotas could continue for five years.
  • Permanent body: Governments were told to set up a permanent body to examine inclusion in and exclusion from the OBC lists, which led to the NCBC in 1993.

Each holding started a later chapter. The promotion ruling produced the 77th Amendment, the creamy layer produced the income limit of 1993 and the ceiling became the benchmark against which every later quota, from Tamil Nadu's 69 per cent to the EWS quota, has been judged.

Creamy Layer: Criteria, Income Limit and the 2026 Ruling

The creamy layer means the members of a backward class who are highly advanced socially, economically and educationally, as forward as any member of a forward class. They are kept out of the quota so that its benefit reaches the weaker members. The concept was first introduced in the judiciary by Justice V. R. Krishna Iyer in State of Kerala v. N. M. Thomas and was developed into law in Indra Sawhney (1992); the government's office memorandum of 8 September 1993 then set the criteria.

The excluded groups include children of constitutional office-holders such as the President and judges of the Supreme Court and High Courts, of certain levels of government and public sector employees and of armed forces officers above a certain rank, and families above the income limit for three consecutive years.

Table 4. The OBC creamy layer income limit over time
Year Creamy layer income limit
1993 ₹1 lakh
2004 ₹2.5 lakh
2008 ₹4.5 lakh
2013 ₹6 lakh
2017 ₹8 lakh

The limit stood at ₹8 lakh when the Supreme Court decided Union of India v. Rohith Nathan on 11 March 2026. The Court held that creamy layer status cannot be decided on parental income alone, since the status and category of the parent's post under the 1993 memorandum must be considered, so salary income of parents in public sector undertakings cannot by itself push a child into the creamy layer. On 24 September 2026 the Court reserved orders on the Union's plea to apply the ruling prospectively.

Reservation in Promotion: Nagaraj (2006) and Jarnail Singh (2018 and 2022)

Reservation in promotion is the most litigated part of the system. After Indra Sawhney ruled out quotas in promotion, Parliament restored them step by step.

  • 77th Amendment, 1995: Inserted Article 16(4A), allowing reservation in promotion for SCs and STs.
  • 81st Amendment, 2000: Inserted Article 16(4B), so that carried-forward vacancies stay outside the 50 per cent ceiling of the year in which they are filled.
  • 82nd Amendment, 2000: Added the proviso to Article 335 allowing relaxation in marks and standards.
  • 85th Amendment, 2001: Gave consequential seniority to those promoted by reservation, with effect from 17 June 1995.

All these amendments were tested in M. Nagaraj v. Union of India. In 2006 the Supreme Court upheld them as enabling provisions but held that a State wishing to reserve in promotion must collect quantifiable data showing backwardness of the class and inadequacy of its representation in public employment, besides complying with Article 335. Uttar Pradesh's promotion quota of 2007 fell on this requirement; the Supreme Court rejected it in 2012 because the State had not produced valid data.

In Jarnail Singh v. Lachhmi Narain Gupta (2018) a Constitution Bench, which declined to refer Nagaraj to a seven-judge bench, held that asking for data on backwardness of SCs and STs was contrary to Indra Sawhney, since their social and educational backwardness is presumed, but it kept the requirement of quantifiable data on inadequate representation.

In its 2022 judgment in the same case, the Court held that this data must be collected cadre-wise, taking the cadre as the unit.

Five conditions. Article 16(4A) enables the State but does not compel it. Quantifiable data must show inadequate representation. The cadre is the unit for that data, under Jarnail Singh in 2022. The claims are balanced with efficiency of administration under Article 335. Carried-forward posts stand outside the year's limit under Article 16(4B). Since 2018, no data on backwardness is needed for SCs and STs.

EWS and the 50 Per Cent Ceiling: Janhit Abhiyan (2022)

The EWS quota raised two direct questions. Can reservation rest on economic criteria alone, and can it go beyond 50 per cent? In Janhit Abhiyan v. Union of India, decided on 7 November 2022, a five-judge bench upheld the 103rd Amendment by 3 to 2.

Table 5. Janhit Abhiyan (2022), majority and dissent
Point Majority (3 judges) Dissent (2 judges)
Economic criteria A valid basis; economic inequality and poverty can also be a disadvantage Reservation under Article 16 cannot rest on economic criteria alone
Exclusion of SC, ST and OBC A valid classification, not an infringement of existing reservations Violates the equality code and discriminates against the historically disadvantaged

Justices Dinesh Maheshwari, Bela M. Trivedi and J. B. Pardiwala formed the majority; Justices Uday Umesh Lalit and S. Ravindra Bhat dissented. The majority also held that the 50 per cent ceiling is not inviolable. In practice, reservation in central institutions now stands at 59.5 per cent, and the ceiling of 1992 is no longer an absolute bar.

Sub-classification of SCs and STs: Davinder Singh (2024)

Sub-classification means dividing a reserved category so that its most backward groups get a share of their own. In 1975 Punjab allocated 50 per cent of the reserved SC seats to the Valmiki and Mazhabi Sikh communities. In E. V. Chinnaiah v. State of Andhra Pradesh (2004) a five-judge bench held that the Scheduled Castes in the President's list form a single, homogeneous group that cannot be divided.

In State of Punjab v. Davinder Singh, decided on 1 August 2024, a seven-judge bench headed by Chief Justice D. Y. Chandrachud overruled Chinnaiah by 6 to 1. States may sub-classify SCs and STs under Articles 15 and 16, because the President's power under Article 341 only identifies who is in the list and does not decide how benefits are shared. Any sub-classification must rest on quantifiable, empirical data on the relative backwardness of the sub-group and its inadequate representation in public service. Justice Bela M. Trivedi dissented, holding that States would be tampering with the Presidential list.

Justice B. R. Gavai added in his own opinion that the creamy layer concept used for OBCs should be applied to SCs and STs as well. In 2026 the Union government opposed this in the Supreme Court, arguing that the principles of creamy layer are not applicable to SCs and STs, and that any income-based preference within reserved categories should follow a holistic review and empirical study.

States have begun to act. In 2026 Karnataka announced a matrix dividing its 15 per cent SC reservation as 5.25 per cent each for two categories and 4.5 per cent for a third, the second formula the State has tried after an earlier division within 17 per cent.

Reservation for Women: Local Bodies to Parliament

Women in Panchayats and Municipalities: Articles 243D and 243T

Reservation for women began with local government. The 73rd and 74th Amendments reserved one-third of all directly elected seats in panchayats and municipalities for women, counting the seats of SC and ST women within that share, and in panchayats one-third of the offices of chairperson. Under Article 243D(3) the one-third is of the total seats filled by direct election.

The reservation has brought a large number of women into office. There are more than 80,000 women Sarpanchas in Gram Panchayats, although some women have been unable to assert their presence or are proxies for male relatives. Women are not a minority and do not form a single backward class, so their quota rests on Article 15(3) and on the special provisions of Part IX and Part XVI, and not on Article 15(4).

The 106th Amendment: Nari Shakti Vandan Adhiniyam, Commencement and Status

The Constitution (106th Amendment) Act, 2023, called the Nari Shakti Vandan Adhiniyam, was passed by the Lok Sabha on 20 September 2023 with 454 votes for and 2 against, and by the Rajya Sabha on 21 September 2023 unanimously with 214 votes. It inserted Articles 330A and 332A, which reserve, as nearly as may be, one-third of the seats filled by direct election in the Lok Sabha, the State Assemblies and the Delhi Assembly for women, including one-third of the SC and ST seats for women of those groups. It does not apply to the Rajya Sabha or the State Legislative Councils.

The Act came into force on 16 April 2026 under a notification of that date. The reservation of seats does not operate yet. Under Article 334A it takes effect after a delimitation undertaken on the first census published after the Act's commencement, rotates after each later delimitation, and ceases fifteen years from commencement. A bid to speed this up failed on 17 April 2026, when the Lok Sabha defeated the Constitution (131st Amendment) Bill, 2026, which sought to enlarge the House and use the 2011 census for delimitation. It received 298 votes for and 230 against, short of the 352 needed. The government then withdrew the linked Delimitation Bill and the Union Territories Laws (Amendment) Bill.

Sequence of five boxes. September 2023: Passed by both Houses. 16 April 2026: The Act comes into force. 17 April 2026: The 131st Amendment Bill is defeated. Next census, then delimitation. Seats reserved: One-third, for fifteen years. Below: Articles 330A and 332A reserve one-third of directly elected seats in the Lok Sabha and Assemblies, including one-third of the SC and ST seats, not in the Rajya Sabha or Legislative Councils; Article 334A rotates them after each delimitation.

Institutions That Protect Reservation: NCSC, NCST and NCBC

National Commission for Backward Classes: From Statutory to Constitutional Body

The National Commission for Backward Classes (NCBC) began as a statutory body set up in 1993 under the NCBC Act, following the direction in Indra Sawhney. Its job was to examine requests for inclusion in the Central List of OBCs and complaints of over-inclusion or under-inclusion, and to advise the government. It could not hear grievances of OBCs; under Article 338(5) read with 338(10), the National Commission for Scheduled Castes was the authority for those.

The 102nd Amendment of 2018 made the NCBC a constitutional body under Article 338B and added Article 342A. Its role widened in four ways.

  • Safeguards: It investigates and monitors all safeguards for the socially and educationally backward classes and evaluates how they work.
  • Complaints: It inquires into specific complaints about the deprivation of their rights and safeguards.
  • Advice on development: It takes part in planning their socio-economic development and reports to the President every year.
  • Consultation: The Union and every State must consult it on major policy matters affecting these classes.

The amendment then caused a problem. In the Maratha reservation case (Jaishri Laxmanrao Patil v. Chief Minister, Maharashtra) of May 2021, a 3 to 2 majority of the Supreme Court read the 102nd Amendment as taking away the States' power to recognise socially and educationally backward classes. Parliament passed the 105th Amendment, which received assent on 18 August 2021, restoring the power of States to keep their own lists, which may differ from the Central List.

NCSC and NCST: Powers and Limits of Enforcement

The National Commission for Scheduled Castes (NCSC, Article 338) and the National Commission for Scheduled Tribes (NCST, Article 338A) guard the safeguards of these communities, including reservation. A single commission was created by the 65th Amendment in 1990 and split in two by the 89th Amendment; the NCST was set up on 19 February 2004. Each has a Chairperson, a Vice-Chairperson and three other Members.

  • What they can do: Investigate and monitor safeguards, inquire into complaints, advise on development planning and report to the President.
  • Their strongest power: While inquiring into a complaint, they have the powers of a civil court, such as summoning persons and requiring documents.
  • Where they stop: Their reports go to the President, who lays them before Parliament with a memorandum on the action taken and the reasons for not accepting any recommendation. The recommendations are not binding.
  • Policy consultation: The Union and the States must consult them on major policy matters affecting SCs and STs.

These limits decide a practical question. The NCSC cannot enforce reservation for Scheduled Castes in religious minority institutions, first because Article 15(5) itself excludes minority educational institutions from the admission quota and second because the Commission can investigate and recommend but cannot compel.

Arguments For and Against Reservation, and the Way Forward

Why Reservation Is Important in India

Equal rules applied to unequal starting points keep old hierarchies in place, so reservation is intended to give excluded groups a real chance. Reservation is the clearest example of how the liberalism of the Indian Constitution has always been linked to social justice.

  • Substantive equality: Treating unequal people as equals ignores the head start some have.
  • Representation: Quotas in legislatures and services put SC, ST and OBC voices where decisions are made.
  • Social mobility: Reservation has helped build an educated middle class among tribal communities, especially in the North-East.

Criticisms of Reservation: Capture, Data and Agitations

Reservation has also drawn sustained criticism, both of the principle and of how it works.

  • Capture by the better-off: Benefits are often cornered by a few advanced castes within each category. The creamy layer and sub-classification try to correct this.
  • Old data: The Mandal estimate of OBCs rested on the 1931 census; caste is to be counted again in the Census 2027.
  • Caste consciousness: Critics argue that using caste as the unit of benefit keeps caste identity alive; for the Dalit communities that depend on this lifeline, caste tends to become the all-important aspect of identity.
  • Demands for inclusion: Dominant communities have agitated for backward status, among them the Jats in Haryana in 2016, the Patidars in Gujarat from 2015 and the Marathas in Maharashtra, whose earlier 16 per cent SEBC quota the Supreme Court struck down in 2021.
  • A limited base: Job reservation applies to State employment, so the private sector lies outside it.

Making Reservation Reach the Underprivileged: Way Forward

The full benefit of reservation has not yet reached all the underprivileged. The design is sound, but benefits are unevenly spread, data is thin and the bodies that watch over it can only recommend.

  • Better targeting: Sub-classification of SCs, STs and OBCs on quantifiable data, as Davinder Singh allows and the Rohini Commission examined for OBCs.
  • Reviewing the creamy layer: Keeping the OBC limit and its application consistent, as the Rohith Nathan ruling shows the rules are still being clarified.
  • Filling vacancies: Clearing reserved backlog posts, which Article 16(4B) already carries forward.
  • Reliable data: Regular data on representation of each group in each service, which courts require before promotion quotas.
  • Beyond quotas: School education, scholarships and skills, so that more people from reserved groups can compete for the seats.

Previous Year UPSC‑CSE Questions

Each Prelims question is explained option by option, and each Mains question comes with an answer outline.

  1. UPSC Prelims 2024Consider the following statements regarding 'Nari Shakti Vandan Adhiniyam' :
    1. Provisions will come into effect from the 18th Lok Sabha.
    2. This will be in force for 15 years after becoming an Act.
    3. There are provisions for the reservation of seats for Scheduled Castes Women within the quota reserved for the Scheduled Castes.

    Which of the statements given above are correct?

    1. a 1, 2 and 3
    2. b 1 and 2 only
    3. c 2 and 3 only
    4. d 1 and 3 only
    How to approach this Prelims question

    Question type: Multiple statements

    Approach: Check each statement against Articles 330A and 334A.

    • Statement 1 is wrong, because the reservation takes effect after a delimitation based on the first census published after the Act's commencement, not from a stated Lok Sabha.
    • Statement 2 is correct in UPSC's key: Article 334A ends the reservation fifteen years from the Act's commencement (16 April 2026), which the statement loosely calls "after becoming an Act".
    • Statement 3 is correct, because one-third of the seats reserved for SCs are reserved for SC women.

    Trap to watch: The Act was passed before the 2024 election, which makes the 18th Lok Sabha look like the start.

    Why each option is right or wrong:

    • (a) 1, 2 and 3: Wrong. Statement 1 ties the start to a Lok Sabha, but Article 334A ties it to delimitation.
    • (b) 1 and 2 only: Wrong. It accepts Statement 1 and drops Statement 3, which is correct.
    • (c) 2 and 3 only: Correct. The fifteen-year term and the share for SC women are both in the text.
    • (d) 1 and 3 only: Wrong. It accepts Statement 1 and drops Statement 2, which is correct.

    Answer: (c) 2 and 3 only. The reservation starts after the census and delimitation, not with the 18th Lok Sabha, lasts fifteen years and includes seats for SC women.

  2. UPSC Prelims 2023Consider the following statements :
    1. Statement‑I : The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration.
    2. Statement‑II : Article 335 of the Constitution of India defines the term 'efficiency of administration'.

    Which one of the following is correct in respect of the above statements?

    1. a Both Statement‑I and Statement‑II are correct and Statement‑II is the correct explanation for Statement‑I
    2. b Both Statement‑I and Statement‑II are correct and Statement‑II is not the correct explanation for Statement‑I
    3. c Statement‑I is correct but Statement‑II is incorrect
    4. d Statement‑I is incorrect but Statement‑II is correct
    How to approach this Prelims question

    Question type: Statement I and Statement II

    Approach: Test each statement, then ask whether the second explains the first. The Supreme Court reads reservation under Article 16(4) together with the efficiency of administration in Article 335, so Statement‑I is correct. Article 335 names efficiency of administration as a consideration but does not define the term, so Statement‑II is incorrect.

    Trap to watch: The phrase is in the article, which makes it easy to assume the article also defines it.

    Why each option is right or wrong:

    • (a) Both Statement‑I and Statement‑II are correct and Statement‑II is the correct explanation for Statement‑I: Wrong. Statement‑II is incorrect, since Article 335 gives no definition.
    • (b) Both Statement‑I and Statement‑II are correct and Statement‑II is not the correct explanation for Statement‑I: Wrong. Statement‑II is still incorrect.
    • (c) Statement‑I is correct but Statement‑II is incorrect: Correct. Courts read the limit into Article 16(4), but Article 335 defines nothing.
    • (d) Statement‑I is incorrect but Statement‑II is correct: Wrong. It reverses the two verdicts.

    Answer: (c) Statement‑I is correct but Statement‑II is incorrect. Article 335 names efficiency of administration but does not define it.

  3. UPSC Prelims 2004Match List I (Articles of the Constitution of India) with List II (Provision) and select the correct answer using the codes given below the lists:List I
    1. (A) Article 14
    2. (B) Article 15
    3. (C) Article 16
    4. (D) Article 17

    List II

    1. 1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
    2. 2. The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India
    3. 3. "Untouchability" is abolished and its practice in any form is forbidden
    4. 4. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State

    Codes:

    1. a 2 4 1 3
    2. b 3 1 4 2
    3. c 2 1 4 3
    4. d 3 4 1 2
    How to approach this Prelims question

    Question type: Match the following

    Approach: Each article is matched with its guarantee. Article 14 is equality before the law (2), Article 15 bars discrimination on grounds such as religion, race and caste (1), Article 16 is equality of opportunity in public employment (4), and Article 17 abolishes untouchability (3). The code is 2, 1, 4, 3.

    Trap to watch: Articles 15 and 16 both deal with equality, so their provisions are easily swapped.

    Why each option is right or wrong:

    • (a) 2 4 1 3: Wrong. It swaps Articles 15 and 16.
    • (b) 3 1 4 2: Wrong. It gives Article 14 the abolition of untouchability.
    • (c) 2 1 4 3: Correct. Equality before the law, non-discrimination, equal opportunity in employment, abolition of untouchability.
    • (d) 3 4 1 2: Wrong. It gives Article 14 the abolition of untouchability and Article 16 non-discrimination.

    Answer: (c) 2 1 4 3. Article 14 gives equality before the law, Article 15 bars discrimination, Article 16 gives equal opportunity in public employment and Article 17 abolishes untouchability.

  4. UPSC Mains 2026 GS‑IIDo constitutional bodies like the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) possess adequate enforcement powers to secure substantive social equality? Suggest measures to enhance their institutional effectiveness.
    Answer outline

    The outline sets out what the question asks, the main arguments, relevant examples and the direction of the conclusion; it is not a full model answer.

    Directive verb: Suggest (after judging whether the commissions' powers are adequate)

    Approach: Judge whether the commissions' powers are adequate, then suggest measures.

    Introduction: Articles 338 and 338A create constitutional commissions to monitor the safeguards of SCs and STs.

    Body (sub-themes to develop):

    • Powers: Investigation, inquiry with civil court powers, advice on planning, reports, consultation.
    • Limits: Recommendations are not binding; the government lays them before Parliament with reasons.
    • Measures: Time limits for action-taken reports, staff and regional presence, regular data on representation.

    Conclusion: The commissions monitor and persuade but cannot compel, so their effectiveness depends on follow-up.

  5. UPSC Mains 2026 GS‑II"Women as a class neither belong to a minority group nor are they regarded as forming a backward class." In the light of this statement, discuss the evolution of women's reservation from local bodies to Parliament.
    Answer outline

    Directive verb: Discuss

    Approach: Explain why women's quotas rest on different provisions, then trace them from local bodies to Parliament.

    Introduction: Women are not a minority and do not form a single backward class, so their quota rests on Article 15(3) and special provisions.

    Body (sub-themes to develop):

    • Local bodies: One-third of seats and chairperson offices under Articles 243D and 243T.
    • Parliament and Assemblies: The 106th Amendment and Articles 330A, 332A and 334A.
    • Status: In force from 16 April 2026; the seats operate after the next census and delimitation.

    Conclusion: Women's reservation has moved from local government to the legislatures, with a deferred start.

  6. UPSC Mains 2024 GS‑IDespite comprehensive policies for equity and social justice, underprivileged sections are not yet getting the full benefits of affirmative action envisaged by the Constitution. Comment.
    Answer outline

    Directive verb: Comment

    Approach: Set out what the Constitution promises, why the benefits have not reached all, and what would close the gap.

    Introduction: Articles 15(4), 16(4) and 46 promise special provisions and protection for the weaker sections.

    Body (sub-themes to develop):

    • Design: Quotas in jobs, education and legislatures, with commissions under Articles 338 to 338B.
    • Capture: Benefits cornered by advanced groups within categories; the creamy layer applies only to OBCs.
    • Data and delivery: OBC estimates built on the 1931 census, backlog vacancies, promotion quotas needing data.
    • Limited base: Quotas cover State jobs and institutions only.
    • Reforms: Sub-classification under Davinder Singh, the Rohini Commission, creamy layer rules, schooling and data.

    Conclusion: The intent is sound, but it needs better targeting, reliable data and investment beyond quotas.

  7. UPSC Mains 2022 GS‑IIDiscuss the role of the National Commission for Backward Classes in the wake of its transformation from a statutory body to a constitutional body.
    Answer outline

    Directive verb: Discuss

    Approach: Compare the NCBC's role as a statutory body with its role under Article 338B.

    Introduction: The NCBC was set up in 1993 under the NCBC Act and became a constitutional body under Article 338B in 2018.

    Body (sub-themes to develop):

    • Before 2018: Advice on inclusion in and exclusion from the Central List; grievances went to the NCSC.
    • After 2018: Monitoring safeguards, inquiring into complaints, advising on development, reporting to the President.
    • Consultation: The Union and the States must consult it on major policy matters.
    • States' lists: The Maratha case of 2021 and the 105th Amendment, which restored them.

    Conclusion: Constitutional status widened the mandate, but action still depends on the government.

  8. UPSC Mains 2018 GS‑IIWhether National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine.
    Answer outline

    Directive verb: Examine

    Approach: Weigh the Commission's powers against the constitutional exemption of minority institutions.

    Introduction: The NCSC under Article 338 monitors the safeguards of the Scheduled Castes, including reservation.

    Body (sub-themes to develop):

    • Powers: Investigation, inquiry into complaints with the powers of a civil court, reports and consultation.
    • Exemption: Article 15(5) keeps the minority institutions of Article 30(1) outside the admission quota.
    • Limit: Its reports are recommendations, which the government may decline with reasons.

    Conclusion: The NCSC cannot enforce SC reservation in minority institutions, because the Constitution exempts them.

Sources

Editorial Disclaimer

This article explains reservation in India for UPSC preparation, from the Constitution, NCERT textbooks and Supreme Court judgments. It is not legal advice; for a claim to reservation, check the current notification of the government or institution concerned.

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