The debate on caste-based reservations in India has re-emerged with political promises to expand quotas and judicial scrutiny of existing limits. Bihar’s Opposition leader Tejashwi Yadav has vowed to raise reservations to 85%, while the Supreme Court has sought the Union government’s view on extending the ‘creamy layer’ principle to Scheduled Castes (SCs) and Scheduled Tribes (STs).
Constitutional
Provisions
●
Article 15 prohibits
discrimination in state actions and permits special provisions for socially and
educationally backward classes.
●
Article 16 guarantees
equality of opportunity in public employment and allows reservations for
backward classes.
●
Currently, central-level reservations stand at 59.5%:
OBCs (27%), SCs (15%), STs (7.5%), and EWS (10%).
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Formal vs. Substantive
Equality
●
Formal equality treats everyone the same and views
reservations as exceptions. Courts in Balaji (1962) and Indra Sawhney (1992)
capped reservations at 50%, with exceptions only in rare cases.
● Substantive equality recognises historical disadvantage. In N.M. Thomas (1975), the Court noted that reservations are not an exception but a continuation of equality of opportunity.
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Court Judgments
●
Indra Sawhney
(1992) upheld OBC reservations, introduced the creamy layer exclusion, and
reaffirmed the 50% ceiling.
●
Janhit Abhiyan
(2022) upheld the 10% EWS quota, saying the 50% cap applies only to
backward class reservations.
●
Davinder Singh
(2024) highlighted the need to explore creamy layer for SCs/STs, though the
Union government rejected the idea.
The Concentration
Problem
The Rohini Commission
found that:
●
97% of OBC benefits go to just 25% of OBC castes.
●
Nearly 1,000 OBC communities have no representation at
all.
Similar concerns exist in SC/ST quotas, where no creamy layer exclusion exists.
Critics argue this leads to elite capture, while others point out that many
reserved posts remain unfilled.
Way Forward
●
Caste Census
2027: Will provide real data on caste distribution for policy reform.
●
Sub-categorisation:
Ensuring equitable distribution within OBCs, SCs, and STs.
●
Two-tier system:
Prioritising the most marginalised sections before extending benefits to
relatively better-off groups.
●
Beyond
reservations: With limited public sector jobs, emphasis must shift to skill
development and employability.
Conclusion
Reservations are both a continuation of equality of opportunity and a tool of social justice. While exceeding the 50% ceiling risks undermining formal equality, without sub-categorisation and fair distribution, reservations may fail to reach those who need them the most. The challenge lies in balancing justice, opportunity, and equity in a rapidly changing India.
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