Social Justice Issues

Reservation policy, affirmative action, and the ongoing debates around social justice in India.

πŸ“– The rationale for reservation

India's reservation policy provides reserved seats in education, public employment, and legislatures for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), rooted in the constitutional recognition (Articles 15(4), 16(4)) that formal equality alone cannot overcome centuries of entrenched social disadvantage.

βš–οΈ The 50% ceiling

In the landmark Indra Sawhney case (1992) β€” the "Mandal case" β€” the Supreme Court upheld OBC reservations but capped total reservations at 50%, with exceptions allowed only in extraordinary circumstances. This ceiling remains a central point of legal and political debate, especially as new groups seek reservation status.

πŸ’° Economically Weaker Sections (EWS) reservation

The 103rd Constitutional Amendment (2019) introduced a 10% reservation for Economically Weaker Sections among those not covered by existing SC/ST/OBC reservations β€” a significant shift toward economic criteria alongside the traditional caste-based framework, and notably an exception to the 50% ceiling (upheld by the Supreme Court in 2022).

🧭 Ongoing debates

Key debates include whether reservation should incorporate a "creamy layer" exclusion (already applied to OBCs, excluding relatively better-off members from reservation benefits), demands for sub-categorisation within OBC/SC reservation to ensure more equitable distribution among sub-groups, and periodic demands from various communities for inclusion in reserved categories.

πŸ’‘ Key Facts

  • The Indra Sawhney case (1992) capped total reservations at 50%, with limited exceptions.
  • The 103rd Amendment (2019) introduced a 10% EWS reservation, upheld by the Supreme Court in 2022 as an exception to the 50% ceiling.
  • The 'creamy layer' concept excludes relatively better-off members from OBC reservation benefits.
  • Reservation is rooted in Articles 15(4) and 16(4) of the Constitution.

πŸ”– 60-Second Revision

  • Reservation rationale: Articles 15(4), 16(4) β€” overcoming entrenched disadvantage.
  • Indra Sawhney (1992): 50% ceiling on reservations, with limited exceptions.
  • 103rd Amendment (2019): 10% EWS reservation, upheld 2022 β€” exception to 50% ceiling.
  • Debates: creamy layer exclusion, sub-categorisation demands, new community inclusion demands.

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