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Reservations in India?
What is the limit of reservation in India?
Article 15
Article 16
Indra Sawhney judgement
Indira Sahni judgement
Nagraj Judgement

Supreme Court to reconsider the 50% limit on Reservations.
Mandal Commission
Indra sawhney judgement
Indira Sahni Judgement
Can reservations be increased from 50% in India

Supreme Court quashed 27% OBC reservation in Maharashtra Zilla Parishad polls, saying total reservation ceiling of 50% can’t be breached.

The Supreme Court on Monday sought responses from all states on whether the 50% ceiling limit on reservation needs to be reconsidered.(Maratha Quota Bill)

Haryana government enacted Haryana State Employment of Local Candidates Act, 2021 , every employer is required to employ 75% “local candidates” for posts where the gross monthly salary is not more than ₹50,000.

The two important questions

Is the 50% limit on reservations valid or does it need a relook?

SC has asked the States to express their opinions as it is going to affect all the states

Can States declare a community SEBC, as done by Maharashtra Government under the Maratha quota case?

Constitutional Provisions
Political Representation
Article 330 and 332 provides for specific representation through reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.

Article 243D provides reservation of seats for SCs and STs in every Panchayat.

Article 233T provides reservation of seats for SCs and STs in every Municipality.

Article 335 of the constitution says that the claims of STs and STs shall be taken into consideration constituently with the maintenance of efficacy of the administration.

In Jobs and Educations
 Art 15(4) –(added through First Amendment Act,1951)
Nothing in this article shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
Champak Dorairajan vs. State Of Madras
Discrimination based only on caste not allowed under Article 15(1)
Discrimination in admission to public funded institutions not allowed (Art. 29)
*Court disallowed the reservation Provided by government as violation of Art 29(2)*

Art 29(2)
No Citizen Shall be denied admission into any educational institute maintained by the state or receiving aid out of state Funds on the grounds only of religion , race, caste, language or any of them

Constitutional Provisions

Art 15(5) (added thorugh 93rd amend act,2005 to provide 27% quota to OBCs)
The state is empowered to make any special provisions for the advancement of any of SEBC, SC-ST in so far as such special provisions related to their admissions to educational Institutions including private educational institutions

Art 16(4)
Nothing in this Article shall Prevent State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

Article 342(A)
(inserted through 102nd CA act, 2018)

President in consultation with Governor of the State declare a community as SEBC and such a list at national level shall be maintained.

Parliament may by law include or exclude from the Central list of SEBC any community

50% conundrum

Nagraj Judgment
Upheld the 50% quota limit
Identification of backwardness
Compelling reasons for provisions
There should be inadequate representataion

Tamil Nadu - 69% Reservation
Telangana – 62%
West Bengal – 62%
Haryana – 67%


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