Rethinking Reservation in India: Constitutional Design, Courts, and Policy Outcomes

Reservation in India — Improved Readability

Introduction

Reservation is an important and sensitive issue in our country, and it has always been surrounded by debates and disagreements. The main reason behind the reservation system is the caste system, where backward communities were treated unfairly and discriminated against because of their birth. Many of them were even considered untouchables in society. To correct this historical injustice, the reservation system was introduced in India as a constitutional remedy.

It was created to provide fair opportunities to marginalized groups such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). Based on the principles of equality and social justice, reservation ensures their representation in education, employment, and politics. In education, the reservation policy provides opportunities to disadvantaged groups like SCs, STs, OBCs, and also the Economically Weaker Sections (EWS). It helps create a level playing field so that these communities can compete equally with others.

Equality is one of the core principles of the Indian Constitution (1950). To achieve this, the government allows affirmative action, which means taking special steps to support communities that were historically oppressed. The main purpose of India’s reservation system is to bring equality and social justice together. The reservation policy is part of the Indian Constitution, but it has always been a topic of wide debate, legal challenges, and social discussions.

Many people criticize reservations, saying they divide society on the basis of caste, reduce merit, and create inefficiency in administration. On the other hand, supporters believe that reservation is essential to achieve true equality, reduce social and economic gaps, and make decision-making and education more inclusive. The debates around reservation have also shaped many important Supreme Court judgments and changes in government policies.

Historical Background

The idea of reservation in India began before independence, when efforts were made to improve the condition of oppressed communities. The caste system in India has very old roots and has been a strong social structure that caused serious discrimination.

The Scheduled Castes, who were earlier treated as untouchables, faced extreme social, economic, and political exclusion. The Scheduled Tribes, living mostly in remote areas, also suffered from discrimination and had very little access to essential services. The Other Backward Classes also faced social and economic disadvantages, though not as severe as those experienced by the Scheduled Castes and Scheduled Tribes.

Dr. B.R. Ambedkar suggested reservations to correct these historical injustices and to reduce inequality. After independence, the Indian government included the reservation system in the Constitution. The purpose was to provide state support for the growth of these communities. Reservations were intended to ensure fair access, opportunities, and representation in governance.

Impact of Reservation on Education System

One of the major reasons for the poor condition of the Indian education system today is the 50% reservation given to students from the SC, ST, and OBC communities in educational institutions. This has affected the growth and progress of the nation because education is the backbone of any country. Many people believe that reservation in education goes against the ‘Right to Freedom of Choice.’ It often forces deserving students to choose a course they do not really want, simply because their preferred option is already taken due to reservations.

Reservation in educational institutions means that a certain number of seats are kept aside for specific groups of students. This system is mostly applied in government-aided colleges and universities. Quotas are given on the basis of caste or region. For example, in state-level institutes, some seats are reserved for students from that state. Similarly, seats are reserved for SC, ST, physically handicapped students, and sportspersons in both state and national institutes.

The percentage of reservation is usually 15% for Scheduled Castes (SC), 7.5% for Scheduled Tribes (ST), and 3% for Persons with Disabilities (PWD) under the PWD Act, 1995. Recently, a 27% quota for Other Backward Classes (OBC) has also been proposed in the Parliament of India.

Current Reservation System in Indian Education

1. Central Educational Institutions (IITs, IIMs, AIIMS, NITs, Central Universities)

   Reservations are applied uniformly under the Central Educational Institutions (Reservation in Admission) Act, 2006 and subsequent amendments:

   • Scheduled Castes (SC): 15%
   • Scheduled Tribes (ST): 7.5%
   • Other Backward Classes (OBC – Non-Creamy Layer): 27%
   • Economically Weaker Sections (EWS): 10% (added via 103rd Amendment, 2019)
   • Persons with Disabilities (PwD): 5% (horizontal quota, cutting across categories)
   • Total reservation in central institutions = 59.5% (plus PwD within categories) 843

2. Medical Education (NEET, AIIMS, JIPMER, etc.)

   Same distribution as above (SC 15%, ST 7.5%, OBC 27%, EWS 10%, PwD 5%).

   All India Quota (AIQ) in NEET: Since 2021, OBC (27%) and EWS (10%) reservations apply in the AIQ seats of medical colleges across states.

3. Engineering & Technical Education (IITs, NITs, IIITs)

   IITs & NITs follow central policy: SC 15%, ST 7.5%, OBC 27%, EWS 10%. In IIT faculty recruitment and PhD admissions, reservation also applies (mandated by Supreme Court in 2022).

4. Private and Deemed Universities

   Under 93rd Constitutional Amendment (2005) → Article 15(5) empowers the state to mandate reservations in private unaided educational institutions (except minority institutions). Many states (Tamil Nadu, Andhra Pradesh, Karnataka, Maharashtra) enforce reservation in private colleges (especially medical and engineering).

5. State Universities & Colleges

   Each state applies its own reservation structure, often exceeding the 50% cap. Some key examples:

   • Tamil Nadu – 69% total (BC 30%, MBC/DNC 20%, SC 18% incl. Arunthathiyar 3%, ST 1%).
   • Andhra Pradesh / Telangana – 66% total (SC 15%, ST 6%, BC 29%, EWS 10%, others).
   • Maharashtra – SC 13%, ST 7%, OBC 19%, SBC 2%, VJNT 11%, EWS 10% → around 62% total.
   • Bihar – Recently tried 65% caste quota + 10% EWS (struck down by HC in 2024).
   • Karnataka – SC 17%, ST 7%, OBC (Category I, II A, II B, III A, III B) ~32%, EWS 10%.
   • Odisha – SC 16.25%, ST 22.5% + SEBC 11.25% (new, 2024) in medical/technical colleges.

6. Special Categories (Horizontal Reservations in Education)

   These cut across vertical categories (SC/ST/OBC/EWS/General):

   • PwD (Persons with Disabilities): 5% in all higher education admissions.
   • Ex-servicemen / Defence quota – varies by state (1–3%).
   • Sports quota – usually 1–5% (varies by state/college).
   • Women candidates – Some states like Punjab have 33% reservation in educational institutions.

7. School Education

   Kendriya Vidyalayas & Navodaya Vidyalayas: Apply SC 15%, ST 7.5%, OBC 27%, EWS 10%, PwD 3–5%. State schools: Follow state-specific caste reservations.

Advantages of Reservation System in India

1. Uplifting Minorities: For a long time, many minority communities faced discrimination, especially based on caste. To improve their condition, the government introduced the reservation policy. As a result, more SC, ST, and OBC people now work in government jobs (Class A, B, C, D), and many more students from these communities are studying in government colleges and universities.
2. Monetary Benefit: Reservation also provides financial help. For jobs and college admissions, people from reserved categories often get concessions in application and other fees. This allows them to save money and also gives them preference in selection, which is especially helpful for poor families.
3. Sense of Belonging: Earlier, these communities were denied equal rights and excluded from important decisions. Now, they receive proper representation in decision-making and events, which makes them feel like an equal part of the country.
4. Bridging Gaps: Reservation has helped reduce the gap between forward and backward castes. It has slowed down the trend of the rich becoming richer and the poor becoming poorer, helping maintain a balance in society.
5. Social Justice: Reservation ensures social justice by providing opportunities to the most marginalized and underprivileged communities. It protects their human rights and gives them a fair chance.
6. Reduced Poverty Line: In 1978–79, about 51.32% of the depressed classes lived below the poverty line. By 1993–94, this was reduced to 35.97%. Although still higher than the national average, the reservation system played an important role in reducing poverty among these groups.

Disadvantages of the Reservation System in India

1. Reserved are Deserved: According to a national survey, only about 0.7% of the total population receives scholarships based on merit. The rest go to reserved categories. This means that students from the General category, even if they work very hard or come from poor families, do not get equal opportunities.
2. Not Reaching the Needy: Reservation is meant to help poor and backward people, but in reality, many rich and powerful individuals from backward castes enjoy the benefits. Meanwhile, many poor people from these communities, such as Harijans, are still left out. The system is often misused for political purposes, so the actual aim of helping the truly needy is not achieved.
3. Against Secularism: India believes in equality for all religions and castes. However, giving reservation based on caste goes against this principle. It also creates hatred and division among people. Those who do not receive reservation feel discriminated against, while those who do receive it sometimes do not even need it. This keeps caste differences alive instead of removing them.
4. Caste-Based, Not Merit-Based: In competitive exams, selection should be based on talent and marks, not caste. However, due to reservation, a student from the General category with 80% marks may be rejected, while another student with 60% marks from a reserved category may get selected. This pushes merit and talent into the background.
5. Should Be Income-Based: The reservation system is based on caste, not financial condition. If it were income-based, all poor people, regardless of caste, would benefit. Poverty affects everyone, not just a single caste. If the nation truly wants equality, it should implement income-based rather than caste-based reservation.
6. Migration of Talent: Many talented people in India do not get enough opportunities because of the reservation system. As a result, they migrate to foreign countries where their talent is valued, and they are offered better jobs and higher salaries.

Literature Review

The Indian Constitution contains many provisions to uplift backward communities. According to the Preamble, the main aim of the Constitution is to protect the dignity of every individual, maintain the unity and integrity of the nation, and ensure equality of status and opportunity for all citizens.

Some important constitutional provisions related to reservations are:

• Article 366 – Defines Scheduled Castes (SCs) and Scheduled Tribes (STs).
• Article 330 – Reservation of seats in the Lok Sabha.
• Article 332 – Reservation of seats in State Legislative Assemblies.
• Article 243D – Reservation of seats in Panchayats.
• Article 243T – Reservation of seats in Municipalities.
• Article 15(4) – Reservation in educational institutions.
• Article 15(5) – Reservation in private aided or unaided educational institutions.
• Article 16(4) – Reservation in government jobs and appointments.
• Article 17 – Abolition of untouchability.
• Article 338 – Establishment of the National Commission for SCs and STs.

Mandal Commission Report

The Mandal Commission Report (1980) was an important milestone in India’s reservation policy. The Commission, led by B.P. Mandal, studied the conditions of socially and educationally backward classes and suggested measures to improve their situation. It recommended giving them preference in government jobs and educational opportunities.

At that time, there was already a 22.5% reservation for SCs and STs. The report suggested adding 27% reservation for OBCs, making the total reservation 49.5%.

In the famous case of Indra Sawhney & Others v. Union of India (1993, AIR 1993 SC 477 also known as the Mandal Commission case), the Supreme Court delivered a historic judgment. The V.P. Singh government had implemented a 27% quota for OBCs in central government jobs and education. The Supreme Court ruled that:

1. The total reservation in a year cannot exceed 50%.
2. The “creamy layer” (the wealthier and better-off people among backward classes) should not receive reservation benefits.

This judgment emphasized that reservation should be based on social and educational backwardness, while also warning against excessive reservation that could violate the principle of equality under Article 14.

Contemporary Issues: EWS Reservation

To help poor people from upper castes, the government introduced reservation for Economically Weaker Sections (EWS) through the 103rd Constitutional Amendment. Under this provision, people from the general category with income below a certain limit are entitled to 10% reservation in education and government jobs.

Reservations on Gender

To promote women’s empowerment in education and employment, the government has introduced various reservations. In politics, especially in Gram Panchayat elections, certain seats are reserved exclusively for women candidates. This is done to increase their participation and ensure equality. In recent times, reservations have also been extended to transgender individuals, allowing them to access equal opportunities in different fields of society.

Constitutional Challenges to the Reservation System in India

Articles 15(4) and 16(4) of the Indian Constitution allow the government to take special measures (affirmative action) to support socially and educationally backward classes. However, these provisions have often been challenged in courts, leading to multiple interpretations. The main constitutional challenge to reservations is whether they violate the principle of equality under Article 14.

Article 14 – Equality before Law and Equal Protection of Laws

Article 14 guarantees that all citizens are equal before the law and are entitled to equal protection under it. Critics of the reservation system argue that it goes against this principle because reservations provide benefits based on caste rather than individual ability or merit. They believe this discriminates between equally qualified citizens and, therefore, violates Article 14. This debate has been the central ground for many court cases and judicial discussions.

In the case of State of Madras v. Champakam Dorairajan (1951, AIR 1951 SC 226), the Supreme Court held that caste-based reservations in education violated Article 14. This decision led to the First Amendment (1951), which added Article 15(4) to the Constitution. Article 15(4) empowered the government to make special provisions for the advancement of backward classes. This marked the beginning of judicial recognition of affirmative action as a means to achieve social justice.

Landmark Judgements on Reservation System in India

1. State of Madras v. Champakam Dorairajan (1951, AIR 1951 SC 226)This was the first important case on reservation decided by the Supreme Court. The Court held that while Article 16(4) allowed reservation in government jobs for backward classes, Article 15 did not provide for reservation in education. As a result of this judgment, Parliament added Clause (4) to Article 15. The Court also ruled that caste-based reservations under the “Communal Award” violated Article 15(1), which guarantees the right to equality.
2. M. R. Balaji v. State of Mysore (1963, AIR 1963 SC 649)In this case, the government had provided 68% reservation in college admissions. The Court held that this was excessive and unreasonable, and fixed the maximum limit at 50%. Since then, almost all states have followed this 50% limit, except Tamil Nadu (69% under the 9th Schedule) and Rajasthan (68%, including 14% for forward castes).
3. Indra Sawhney & Others v. Union of India (1993, AIR 1993 SC 477)This case is also known as the “Mandal Commission case.” The Court upheld 27% reservation for OBCs in central government jobs but ruled that the “creamy layer” must be excluded from reservation benefits. It also held that the total reservation cannot exceed 50%. Subsequently, the 77th Constitutional Amendment introduced Article 16(4A), empowering the government to provide reservation in promotions for SCs and STs if they were not adequately represented in public employment.
4. Jarnail Singh v. Lachhmi Narain Gupta (2018, AIR 2018 SC 4729)The Supreme Court ruled that the government is not required to collect separate data to prove the backwardness of SCs and STs in order to grant reservation in promotions. However, it also held that the “creamy layer” principle applies to SCs and STs as well. This means that wealthy and advanced members of these communities cannot claim reservation benefits in promotions.

The 103rd Amendment Bill

The 124th Amendment Bill, 2019, was introduced in the Lok Sabha on January 8, 2019. Its main purpose was to provide reservation in education and government jobs to people from the Economically Weaker Sections (EWS) of the general category. The Bill was passed in the Lok Sabha with only three members voting against it out of 326 present. Later, the Rajya Sabha also passed it without any major changes. After both Houses approved it, the President of India gave his assent, and the Bill became law as the 103rd Constitutional Amendment on January 14, 2019, as published in the official gazette.

This amendment provides 10% reservation for EWS, which is in addition to the existing reservations. The Statement of Objects and Reasons of the Bill explains that many people from the Economically Weaker Sections could not attend higher educational institutions or secure government jobs because they lacked the financial ability to compete with richer sections of society.

The Bill was framed in line with Article 46 of the Constitution, which is a Directive Principle. Article 46 directs the government to protect the educational and economic interests of weaker sections of society. While socially backward groups had already been receiving reservations, the Economically Weaker Sections had not received such benefits earlier.

Conclusion

The reservation system in India is a constitutional tool designed to correct the social injustices faced by certain communities for centuries and to provide them with equal opportunities. Based on the principles of equality and social justice, it has helped Scheduled Castes, Scheduled Tribes, Other Backward Classes, and, more recently, Economically Weaker Sections secure better chances in education, employment, and political representation. Important court cases such as State of Madras v. Champakam Dorairajan (1951), Indra Sawhney v. Union of India (1992), and Jarnail Singh v. Lachhmi Narain Gupta (2018) have played a major role in shaping how the reservation system functions, maintaining a balance between equality and the need for special support.

At the same time, although reservation has reduced inequality and improved social mobility, it is also criticized for reinforcing caste divisions, undermining merit, and not always reaching those who need it most. The 103rd Constitutional Amendment, which introduced reservation for the Economically Weaker Sections, reflects how the policy continues to evolve in response to present-day social and economic needs.

Overall, reservation has been vital in promoting social justice, but to remain effective it requires reforms that prevent misuse, ensure that benefits reach the truly deserving, and strike a balance between merit and inclusiveness. Only then can India achieve the constitutional vision of equality and equal opportunity for all citizens.

Reference:

• The Constitution of India
• Evolution of Reservations in India – Legal and Constitutional Perspective, ijrti, 2025 URL: www.ijrti.org
• Historical Background of Reservation in Education Institution in India, thelawadvice, 2025 URL: www.thelawadvice.com
• A Legal Analysis of India’s Reservation Policies and Their Constitutional Ramifications, ijfmr, 2025 URL: www.ijfmr.com
• Reservation Policies and its Impact on Education System in India: By an Observers Eye, jetir, 2025 URL: www.jetir.org
• Reservation System in India: Advantages and Disadvantages, ijeponline, 2025 URL: www.ijeponline.org
• Reservation system in India: Is it indispensable ?, lawjournals, 2025 URL: www.lawjournals.org
• Emerging challenges in Constitutional Law: Discouraging reservation, ipleaders, 2025 URL: www.ipleaders.in

Written By: Madhavi Singh Khichi – Student of University College of Law, MLSU, Udaipur , Rajasthan