Reservation in India: Need & Issues

Recent moves like Bihar’s 85% quota proposal and Maharashtra extending Maratha benefits via Kunbi certificates have revived debate on the 50% reservation cap.
Supreme Court has also sought the Centre’s views on introducing a ‘creamy layer’ system for SCs & STs.

The Idea of Affirmative Action: Equality Vs Equity

The Indian Constitution moved away from equality, which refers to equal treatment for all, to equity, which ensures fairness and may require differential treatment or special measures for some groups.
Formal equality concerns the equality of treatment—treating everyone the same, regardless of outcomes — which can, at times, lead to severe inequalities for historically disadvantaged groups.
Substantive equality, on the other hand, concerns equality of outcomes. Affirmative action promotes this idea of substantive equality.
E P Royappa vs State Of Tamil Nadu, 1973: The Supreme Court held that equality is a dynamic concept with multiple aspects and dimensions, not confined to traditional and doctrinaire limits.
State of Kerala vs N M Thomas (1975): Following the SC’s judgment, reservation is seen not as an exception but as an extension of equality under Articles 15(1) and 16(1).

Article 16(1): Guarantees equality of opportunity in public employment.
Article 16(4): Permits reservations for backward classes inadequately represented in public services.
Dr. B.R. Ambedkar’s Stance: Advocated for social justice but insisted that reservations should not exceed a “minority of seats,” forming the basis for the 50% limit.
Current Central Reservation: OBC – 27%, SC – 15%, ST – 7.5%, and EWS – 10%; totalling 59.5%. States follow varied percentages depending on demographics.

Maharashtra (2021): SC struck down the Socially and Educationally Backward Classes Act, 2018 which granted quotas to Marathas, citing lack of “exceptional circumstances.”
Tamil Nadu (1993): Increased reservations to 69%; protected under the Ninth Schedule, making it immune from judicial review.
Bihar (2024): Patna High Court struck down an attempt to exceed 50% reservations.

M.R. Balaji v. State of Mysore (1962): Struck down 68% reservation in medical and engineering colleges in Mysore; held reservation must be within reasonable limits (generally <50%), but allowed flexibility.
State of Kerala v. N.M. Thomas (1976): Upheld promotion exemption for SC/ST employees; Justice Fazl Ali termed 50% ceiling a cautionary rule, not absolute—could be exceeded in special demographics.
Indra Sawhney v. Union of India (1992): Upheld 27% OBC quota based on Mandal Commission recommendations; reaffirmed 50% cap with exceptions; introduced creamy layer exclusion & barred promotion reservations.
Janhit Abhiyan (2022): Upheld 10% EWS quota; clarified 50% ceiling applies only to backward class reservations, not EWS.

Social Justice & Inclusion: Provides representation to historically marginalized communities (SCs, STs, OBCs, EWS), reducing centuries-old exclusion.
Equality of Opportunity: Translates the constitutional promise of equality (Articles 14, 15, 16) into substantive equality by leveling the playing field.
Corrective Measure: Acts as affirmative action to address the cumulative effects of caste discrimination, poverty, and social stigma.
Constitutional Mandate: Reflects Directive Principles (Articles 38, 46) to promote the welfare of the weaker sections.

Formal vs Substantive Equality: Formal equality limits reservations, while substantive equality justifies higher quotas for historically disadvantaged groups (equality of outcomes and opportunities).
Unfilled Seats: 40-50% of reserved posts in the Central government remain vacant.
Concentration of Benefits: Rohini Commission found ~97% of OBC benefits cornered by 25% of sub-castes; ~1,000 OBC communities had zero representation.
Creamy Layer: Courts have suggested examining the exclusion of the creamy layer for SCs and STs, but the government has resisted, citing already high vacancy backlogs.
Tool of polarisation: Reservation policies have become a lightning rod for political polarisation, undermining the Constitution’s vision of fraternity under Article 51A(e).

Use the 2027 Census (with caste enumeration) to reassess reservation needs.
Redefine backwardness using contemporary data, as recommended by the 2018 Justice Rohini Commission, which proposed sub-categorising OBCs to ensure equitable benefit distribution.
Extend the creamy layer principle to SCs and STs, aligning with Indra Sawhney’s emphasis on targeting the most disadvantaged.
Beyond quotas, focus on training, employability to meet the aspirations of India’s youth.