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UPSC » Daily News Analysis ‘Reservation Debate in India: Recent Developments’ : 4 September

Daily News Analysis ‘Reservation Debate in India: Recent Developments’ : 4 September

Table of Content

Constitutional Basis:

  • Article 15 & 16: Allow special provisions and reservation in education and jobs for OBCs, SCs, STs.
  • Current central quota: OBC 27% + SC 15% + ST 7.5% + EWS 10% = 59.5%.
  • States vary depending on demographics.

Key Court Rulings:

  • Balaji Case (1962): Reservations must be within reasonable limits, capped at 50%.
  • N.M. Thomas Case (1975): Saw reservation as part of equality, not an exception.
  • Indra Sawhney Case (1992): Upheld 27% OBC quota, reaffirmed 50% cap, introduced creamy layer exclusion for OBCs.
  • Janhit Abhiyan Case (2022): Upheld 10% EWS quota, said 50% cap applies only to backward classes.
  • Davinder Singh Case (2024): Judges suggested extending creamy layer to SC/ST, but Centre rejected.

Pros of Expanding/Continuing Reservations:

  • Ensures substantive equality for historically oppressed groups.

  • Helps correct under-representation in education, jobs, and politics.

  • Caste census and higher quotas can make policy more evidence-based.

  • Social justice tool aligned with Ambedkar’s vision.

Cons of Expanding/Continuing Reservations:

  • May violate formal equality and merit principle if raised beyond 50%.

  • Many reserved seats remain vacant (40–50% in central govt).

  • Benefits are concentrated: 97% of OBC benefits go to 25% sub-castes (Rohini Commission).

  • Risk of politicisation and vote-bank politics.

  • Extending creamy layer to SC/ST may worsen vacancy backlogs.

Way Forward:

  • Use 2027 Census caste data for rational policy.

  • Sub-categorisation within OBCs to ensure fair distribution.

  • Explore two-tier system for SC/ST, prioritising the most marginalised.

  • Focus on skill development, private jobs, entrepreneurship, as public sector jobs are shrinking.

Why in News?

  • Bihar opposition leader Tejashwi Yadav promised to raise reservations to 85% if voted to power. Also. the Supreme Court has sought the Centre’s view on introducing a “creamy layer system” for SCs and STs, similar to OBCs.