Should reservations exceed the 50% cap?

Constitutional Basis

• Article 15: Prohibits discrimination; permits special provisions for socially & educationally backward classes (SEBCs), SCs, STs.

• Article 16: Guarantees equality of opportunity in public employment; allows reservation for backward classes not adequately represented.

Equality – Two Approaches

• Formal Equality: Everyone treated the same; reservations seen as an exception.

  • SC in Balaji (1962): Reservation must be “reasonable,” capped at 50%.

• Substantive Equality: Addressing historical disadvantages; reservations are a continuation of equality.

  • SC in N.M. Thomas (1975): Reservation is not an exception but an instrument of equality.

Key Judicial Developments

1. Balaji vs State of Mysore (1962) – Introduced 50% cap principle.

2. Indra Sawhney (1992, 9-Judge Bench) – Upheld OBC reservation (27%), mandated creamy layer exclusion for OBCs, reaffirmed 50% ceiling (exceptions allowed).

3. Janhit Abhiyan (2022) – Upheld EWS quota (10%); held 50% cap applies only to backward classes, not EWS.

4. Davinder Singh (2024) – SC hinted at applying creamy layer principle to SCs/STs; Centre rejected it.

Current Status of Reservation (Centre)

• OBCs – 27%

• SCs – 15%

• STs – 7.5%

• EWS – 10%
  ➡️ Total = 59.5% (Above 50% ceiling but judicially sustained due to EWS being a “separate category”).

Issues in Implementation

• Under-filling: 40–50% of reserved seats for SCs/STs/OBCs remain vacant.

• Concentration of Benefits:

  • Rohini Commission (OBCs) – 97% of benefits cornered by ~25% castes; ~1,000 castes had zero representation.

  • Similar skew in SC/ST reservations.

• Creamy Layer Debate:

  • Exists for OBCs.

  • Not applied to SCs/STs (fear of more vacancies/backlog).

Competing Arguments

🔹 In Favour of Exceeding 50% Cap

• Backward communities form majority → representation must reflect population.

• Substantive equality demands greater affirmative action.

• EWS quota shows flexibility of the 50% ceiling.

• Caste census (2027) may justify higher quotas.

🔹 Against Exceeding 50% Cap

• Violates formal equality & “right to equality of opportunity.”

• Excess reservation may undermine merit & efficiency.

• Risk of over-politicisation and competing demands (Marathas, Patels, Jats, etc.).

• Limited opportunities in govt. sector → reservation cannot alone address aspirations.

Way Forward

1. Caste Census (2027) – Evidence-based restructuring of reservation policies.

2. Sub-categorisation – Implement Rohini Commission to ensure equitable distribution among OBCs.

3. Two-Tier Reservation for SCs/STs – Prioritise most marginalised sections first.

4. Creamy Layer Debate – Explore phased introduction for SC/ST without harming representation.

5. Skill Development & Private Sector Inclusion – Since govt. jobs are shrinking, focus on employability, entrepreneurship, and private-sector reservation.

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