Reservation In India
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Reservation is a system of
affirmative action Affirmative action (also sometimes called reservations, alternative access, positive discrimination or positive action in various countries' laws and policies) refers to a set of policies and practices within a government or organization seeking ...
in India that was established during the
British Raj The British Raj ( ; from Hindustani language, Hindustani , 'reign', 'rule' or 'government') was the colonial rule of the British The Crown, Crown on the Indian subcontinent, * * lasting from 1858 to 1947. * * It is also called Crown rule ...
. Based on provisions in the
Indian Constitution The Constitution of India is the supreme legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and ...
, it allows the Union Government and the
States and Territories of India India is a federalism, federal union comprising 28 federated state, states and 8 union territory, union territories, for a total of 36 subnational entities. The states and union territories are further subdivided into 800 List of districts ...
to allocate a specific percentage of 'reserved quotas' or 'seats', in higher education admissions, employment, political bodies, etc., for "Scheduled Castes, Scheduled Tribes, Backward Classes and Economically Weaker Sections". Since its implementation, reservation has been a subject of massive debates and controversies over its impact, execution and effectiveness, significantly shaping the agendas of political parties and the actions of social groups.


History of Reservation


Before independence

Quota systems favouring certain castes and other communities existed before
independence Independence is a condition of a nation, country, or state, in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the status of ...
in the
British raj The British Raj ( ; from Hindustani language, Hindustani , 'reign', 'rule' or 'government') was the colonial rule of the British The Crown, Crown on the Indian subcontinent, * * lasting from 1858 to 1947. * * It is also called Crown rule ...
. Demands for various forms of positive discrimination has been made, for example, in 1881 and 1891. Chatrapati Shahu, the Maharaja of the princely state of
Kolhapur Kolhapur () is a city on the banks of the Panchganga River in the southern part of the Indian state of Maharashtra. Kolhapur is one of the most significant cities in South Maharashtra and has been a hub of historical, religious, and cultural a ...
, introduced reservation in favor of non-
Brahmin Brahmin (; ) is a ''Varna (Hinduism), varna'' (theoretical social classes) within Hindu society. The other three varnas are the ''Kshatriya'' (rulers and warriors), ''Vaishya'' (traders, merchants, and farmers), and ''Shudra'' (labourers). Th ...
and backward classes, much of which came into effect in 1902. He provided free education to everyone and opened several hostels to make it easier for them to receive it. He also tried to ensure that people thus educated were suitably employed, and he appealed both for a class-free India and the abolition of
untouchability Untouchability is a form of social institution that legitimises and enforces practices that are discriminatory, humiliating, exclusionary and exploitative against people belonging to certain social groups. Although comparable forms of discrimin ...
. His 1902 measures created 50 percent reservation for backward communities. In 1918, at the behest of several non-Brahmin organizations criticizing Brahmin domination of administration, the Mysore Raja Nalvadi Krishnaraja Wadiyar created a committee to implement reservations for non-Brahmins in government jobs and education over the opposition of his Diwan M. Viswesvaraya, who resigned in protest. On 16 September 1921, the first Justice Party government passed the first Communal Government Order (G. O. # 613), thereby becoming the first elected body in the Indian legislative history to legislate reservations, which have since become standard across the country. The Imperial parliament at Westminster introduced elements of reservation in the Government of India Act of 1909 and there were many other measures put in place prior to independence. The depressed classes were provided some seats in 1919 before seeing further increase in 1925. In 1927, the
Madras Presidency The Madras Presidency or Madras Province, officially called the Presidency of Fort St. George until 1937, was an administrative subdivision (province) of British India and later the Dominion of India. At its greatest extent, the presidency i ...
provided 44% reservation to Non-Brahmin Hindus, 16% to Brahmins, Muslims, Christians, and Anglo-Indians, and 8% to Scheduled Castes. During the Round Table Conference of June 1932, the Prime Minister of Britain,
Ramsay MacDonald James Ramsay MacDonald (; 12 October 18669 November 1937) was a British statesman and politician who served as Prime Minister of the United Kingdom. The first two of his governments belonged to the Labour Party (UK), Labour Party, where he led ...
, proposed the Communal Award, according to which separate representation was to be provided for
Muslims Muslims () are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God ...
,
Sikhs Sikhs (singular Sikh: or ; , ) are an ethnoreligious group who adhere to Sikhism, a religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Guru Nanak. The term ''Sikh'' ...
,
Indian Christians Christianity is India's third-most followed religion with about 28 million adherents, making up 2.3 percent of the population as of the 2011 census. Christianity is the largest religion in parts of Northeast India, specifically in Nagaland, ...
, Anglo-Indians, and
Europeans Europeans are the focus of European ethnology, the field of anthropology related to the various ethnic groups that reside in the states of Europe. Groups may be defined by common ancestry, language, faith, historical continuity, etc. There are ...
. The depressed classes, roughly corresponding to the STs (Scheduled Tribes) and SCs (Scheduled Castes), were assigned a number of seats to be filled by election from constituencies in which only they could vote, although they could also vote in other seats. The proposal was controversial:
Mahatma Gandhi Mohandas Karamchand Gandhi (2October 186930January 1948) was an Indian lawyer, anti-colonial nationalism, anti-colonial nationalist, and political ethics, political ethicist who employed nonviolent resistance to lead the successful Indian ...
fasted in protest against it but many among the depressed classes, including B. R. Ambedkar, had to favor it. After negotiations, Gandhi reached an agreement with Ambedkar to have a single Hindu electorate, with backward classes having more seats reserved within it. Electorates for other religions, such as Islam and Sikhism, remained separate. This became known as the Poona Pact. In 1942, the Scheduled Castes gained 8.5% reservation in central services and other facilities for the first time.


After independence

After the independence of India in 1947 there were some major initiatives in favor of the Scheduled Castes and Scheduled Tribes (SCs and STs) and after the 1980s in favour of OBCs (Other Backward Castes) and in 2019 for poor in the general category. The country's affirmative action program was launched in 1950 and is the oldest such programme in the world. A common form of caste discrimination in India was the practice of untouchability. SCs were the primary targets of the practice, which was outlawed by the new Constitution of India. In 1954, the Ministry of Education suggested that 20 percent of places should be reserved for the SCs and STs in educational institutions with a provision to relax minimum qualifying marks for admission by 5 percent wherever required. In 1982, it was specified that 15 percent and 7.5 percent of vacancies in
public sector The public sector, also called the state sector, is the part of the economy composed of both public services and public enterprises. Public sectors include the public goods and governmental services such as the military, law enforcement, pu ...
and government-aided educational institutes should be reserved for the SC and ST candidates, respectively. A significant change began in 1979 when the
Mandal Commission The Mandal Commission or the Socially and Educationally Backward Classes Commission (SEBC), was established in India in 1979 by the Janata Party government under Prime Minister Morarji Desai with a mandate to "identify the socially or educatio ...
or the Socially and Educationally Backward Classes (SEBC) Commission was established to assess the situation of the socially and educationally backward classes. The commission did not have exact population figures for the OBCs and so used data from the 1931 census, thus estimating the group's population at 52 per cent. In 1980, the commission's report recommended that a reserved quota for OBCs of 27 per cent should apply in respect of services and public sector bodies operated by the Union Government. It called for a similar change to admissions to institutes of higher education, except where states already had more generous requirements. It was not until the 1990s that the recommendations were implemented in Union Government jobs. In 2006, the Union government extended reservations for Other Backward Classes in institutes of higher education it substantially funded. In 2019 the government announces the 10% reservation in educational institutions and government jobs for economically weaker section of the general category. The Constitution of India states in article 15(4): "Nothing in rticle 15or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially, and educationally backward classes of citizens of or for the Scheduled Castes and the Scheduled Tribes." Article 46 of the Constitution states that "The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation." The
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
ruled in 1992 that reservations could not exceed 50 percent, anything above which it judged would violate equal access as guaranteed by the Constitution. It thus put a cap on reservations. However, the recent amendment of the constitution exceeds 50% and also there are state laws that exceed this 50 percent limit and these are under litigation in the Supreme Court. For example, in the State of
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
, the caste-based reservation stands at 69 percent and applies to about 89 percent of the population. On 7 November 2022,
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
by a 3:2 verdict in Janhit Abhiyan vs Union Of India Writ Petition (Civil) No(S). 55 OF 2019, upheld the validity of the 103rd constitutional amendment carried out to provide legal sanction carve out 10% reservation for the economically weaker sections from unreserved classes for admission in educational institutions and government jobs and held that the 50% cap on quota is not inviolable and affirmative action on economic basis may go a long way in eradicating caste-based reservation. This constitutional amendment pushed the total reservation to 59.50% in central institutions. On 1 August 2024, the Supreme Court of India ruled 6:1 in favor of permitting states to create sub-quotas for Scheduled Castes and Tribes within their reservation schemes. Chief Justice D.Y. Chandrachud stated that Article 14 of the
Constitution of India The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...
should be interpreted to mean "that the same law should apply to those who are similarly situated." Justice Bela Trivedi provided the lone dissent, saying that states did not have the power to "tinker" with the 1950 Presidential List and that the sub-quotas violated Article 14. Justice B.R. Gavai concurred with Chief Justice Chandrachud, but added that the 'creamy layer' concept that applied to OBCs should apply to SC/ST groups as well.


Reservation schemes


In employment

Government and public sector will hire job seekers based on reservation percentage from two different categories : # Reservation category (SC, ST, OBC, EWS and other minorities) # Open category (General, SC, ST, OBC, EWS and other minorities). While hiring, major priority is given to reservation category including 33% reservation for Women, priority in hiring is given by : * Other Women * ST Women * SC Women * ST Men * SC Men * OBC Women * OBC Men * EWS Women * EWS Men and then after Open category will be considered. Government and public sector hiring based on merit in open category and one more anomaly here i.e., priority in hiring is the same as for the reserved category. The landmark initiative of Special Recruitment for Scheduled Caste and Scheduled Tribe in Government jobs was started in Kerala in 1972 by Vella Eacharan. The 1993 Supreme Court ruling in the Indra Sawhney & Others v. Union of India case said that reservations in job promotions are "unconstitutional" or not in accordance with the political constitution but allowed its continuation for five years. In 1995, the 77th amendment to the Constitution was made to amend Article 16 before the five-year period expired to continue with reservations for SC/STs in promotions. It was further modified through the 85th amendment to give the benefit of ''consequential seniority'' to SC/ST candidates promoted by reservation. The 81st amendment was made to the Constitution to permit the government to treat the backlog of reserved vacancies as a separate and distinct group, to which the ceiling of 50 per cent did not apply. The 82nd amendment inserted a provision in Article 335 to enable states to give concessions to SC/ST candidates in promotion. The validity of all the above four amendments was challenged in the Supreme Court through various petitions clubbed together in ''M. Nagaraj & Others Vs. Union of India & Others'', mainly on the ground that these altered the Basic Structure of the Constitution. In 2006, the Supreme Court upheld the amendments but stipulated that the concerned state will have to show, in each case, the existence of "compelling reasons" - which include "backwardness", "inadequacy of representation" and overall "administrative efficiency - before making provisions for reservation. The court further held that these provisions are merely enabling provisions. If a state government wishes to make provisions for reservation to SC/STs in the promotion, the state has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class. In 2007, the
Government of Uttar Pradesh The Government of Uttar Pradesh (International Organization for Standardization, ISO: ''Uttara Pradēśa Sarakāra''; often abbreviated as GoUP) is the subnational government of the Indian state of Uttar Pradesh with the governor as its appoin ...
introduced reservation in job promotions. However, citing the Supreme Court decision, the policy was ruled to be unconstitutional by the
Allahabad High Court Allahabad High Court, officially known as High Court of Judicature at Allahabad, is the high court based in the city of Prayagraj, formerly known as Allahabad, that has jurisdiction over the Indian state of Uttar Pradesh. It was established o ...
in 2011. The decision was challenged in the Supreme Court, which upheld it in 2012 by rejecting the government's argument because it failed to furnish sufficient valid data to justify the move to promote employees on a caste basis.


In education

Universities allot seats based on reservation percentage from the same two categories, that is : # Reservation category # Open category Government Universities will allot based on the same priority as previously mentioned, along with, reservation percentage under consideration for entrance exams fees, for cut off marks, for allotment of seats and also applicable to other government schemes. In India student aids are available for—SCs, STs, BCs, OBCs, women, Muslims, and other minorities. Only about 0.7% of student aids in India is based on merit.


States

In central-government funded higher education institutions, 22.5% of available seats are reserved for Scheduled Caste (SC) and Scheduled Tribe (ST) students (7.5% for STs, 15% for SCs). This reservation percentage has been raised to 49.5% by including an additional 27% reservation for OBCs. This ratio is followed even in Parliament and all elections where a few constituencies are earmarked for those from certain communities (which will next rotate in 2026 per the
Delimitation Commission The Delimitation Commission of India is a commission established by the Government of India under the provisions of the Delimitation Commission Act, tasked with redrawing the boundaries of legislative assembly and Lok Sabha constituencies bas ...
). Some states and UTs have reservations for females which varies from 5% to 33.33%. The exact percentages vary from state to state: * In
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
, OBC reservation is divided into 26.5% Backward Caste, 3.5 Backward Caste (M) and 20% Most Backward Caste and 10.5% sub quota for Vanniyars, introduced by AIADMK in 2020,7% for DNT. The 7.5% for Vanniyars was quashed void by Madras High Court. The SC quota has 3% sub-quota for Arunthatiyars, introduced by DMK in 2009. * In
Maharashtra Maharashtra () is a state in the western peninsular region of India occupying a substantial portion of the Deccan Plateau. It is bordered by the Arabian Sea to the west, the Indian states of Karnataka and Goa to the south, Telangana to th ...
in addition to the reservation for SC/ST/OBC, there is 2% for SBCs, 3% for Nomadic Tribes – NT-A ( Vimukta jati), 2.5% for NT-B, 3.5% for NT-C (
Dhangar The Dhangars are caste of people found in the Indian states of Maharashtra, northern Karnataka, Goa, Madhya Pradesh . They are referred to as Gavli Dhangars in northern Maharashtra ( Khandesh region) and the forested hill tracts of India's We ...
), 2% for NT-D ( Vanjari), 10% for SEBC (
Maratha The Marathi people (; Marathi: , ''Marāṭhī lōk'') or Marathis (Marathi: मराठी, ''Marāṭhī'') are an Indo-Aryan ethnolinguistic group who are native to Maharashtra in western India. They natively speak Marathi, an Indo-A ...
) and 1% for
Orphan An orphan is a child whose parents have died, are unknown, or have permanently abandoned them. It can also refer to a child who has lost only one parent, as the Hebrew language, Hebrew translation, for example, is "fatherless". In some languages ...
. * In Northeast India, e.g. in Arunachal Pradesh, Meghalaya, Nagaland and Mizoram, reservation for ST in State Govt. jobs is 80% with only 20% unreserved. In the Central Universities of NEHU (Shillong) and Rajiv Gandhi University, 60% of seats are reserved for ST students. * In
West Bengal West Bengal (; Bengali language, Bengali: , , abbr. WB) is a States and union territories of India, state in the East India, eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabi ...
, the OBC community is divided into OBC A & B. In West Bengal there is no reservation on religious basis but some economically and educationally backward Muslim castes (basis surnames pertaining to different profession e.g. cobbler, weaver etc.) have been included along with their Hindu counterparts in the OBC list namely OBC A and OBC B, in both lists caste from both communities are there. But in higher educational institutes, till now there is no reservation for the OBC community but there is reservation in regard to admission in primary, secondary and higher secondary studies.


Gender


Women

The Women's Reservation Bill was passed by the
Rajya Sabha Rajya Sabha (Council of States) is the upper house of the Parliament of India and functions as the institutional representation of India’s federal units — the states and union territories.https://rajyasabha.nic.in/ It is a key component o ...
on 9 March 2010 by a majority vote of 186 members in favor and 1 against. As of March 2013, the
Lok Sabha The Lok Sabha, also known as the House of the People, is the lower house of Parliament of India which is Bicameralism, bicameral, where the upper house is Rajya Sabha. Member of Parliament, Lok Sabha, Members of the Lok Sabha are elected by a ...
has not voted on the bill. Critics say gender cannot be held as a basis for reservation alone other factors should also be considered e.g. economic, social conditions of woman candidates especially when applying reservation for educated women. The criticism points that the policy benefits women that have access to political capital through family circles and are faced with the burden of a huge learning curve. Again, women are divided among caste and class lines with this dichotomy playing an important role in deciding how the presence of women in the lowest tier of governance impact the problems faced by the women of the constituency In Gujarat and Andhra Pradesh, 32% of posts are reserved for females in all government departments and services, such as police, health, education and general administration. From 2015 onwards Kerala has implemented a 55% reservation for all posts of its local self governing bodies. On 28 September 2023, the
One Hundred and Sixth Amendment of the Constitution of India The Constitution (One Hundred and Sixth Amendment) Act, popularly known as the Women's Reservation Bill, 2023 (ISO 15919: ''Nārī Śakti Vandan Adhiniyam''), was introduced in Lok Sabha on 19 September 2023 during the special session of Par ...
was given ascension after having been introduced during the Special Session of the Parliament of India. The amendment seeks to allocate 33 percent of the seats in the Lok Sabha and elected state legislative assemblies for women.


Transgender and non-binary people

In 2017, a drafting committee in Karnataka crafted a policy to create a 1% reservation for transgender people in education and employment. On 21 July 2021, Karnataka implemented the policy, making the state the first in the country to provide one percent reservation for the transgender community in all government services. The government submitted a report to the High Court in this regard, informing that a notification had already been issued after amending the Karnataka Civil Service. The job could be given to males or females, from the same category, in case of the non-availability of transgender candidates. On April 6, 2015, the
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
government's BCC Department issued a government order classifying transgender persons under Other Backward Class status as a caste identity if lacking a community certificate. In June 2024, the
Madras High Court The High Court of Judicature at Madras is a High Courts of India, High Court located in Chennai, India. It has appellate jurisdiction over the state of Tamil Nadu and the union territory of Puducherry (union territory), Puducherry. It is one of ...
struck down the order and directed the Tamil Nadu government to provide 1% horizontal reservations to the transgender community in education and employment, ruling that the GO violated Articles 14, 15, 16, 19 and 21 of the
Constitution of India The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures ...
, as well as the National Legal Services Authority v. Union of India verdict. In June 2024, the Calcutta High Court ordered the government of
West Bengal West Bengal (; Bengali language, Bengali: , , abbr. WB) is a States and union territories of India, state in the East India, eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabi ...
to establish a 1% quota in public employment.


Religion

While courts have ruled that reservations on the basis of religion are unconstitutional, several state governments have allotted reservations to religious minorities or backward classes among religious minorities on the basis of socio-educational backwardness and representation. The
Tamil Nadu Tamil Nadu (; , TN) is the southernmost States and union territories of India, state of India. The List of states and union territories of India by area, tenth largest Indian state by area and the List of states and union territories of Indi ...
government has allotted 3.5% of seats each to Muslims and Christians, thereby altering the OBC reservation to 23% from 30% (since it excludes persons belonging to Other Backward Castes who are either Muslims or Christians). The Government of Andhra Pradesh introduced a law enabling 4 percent reservations for Muslims in 2004. This law was upheld by the Supreme Court in an interim order in 2010 but it constituted a Constitution bench to look further into the issue. The referral was to examine the constitutional validity of quotas based on religion. Kerala Public Service Commission has a quota of 12% for Muslims. Religious minority (Muslim or Christian) educational institutes also have 50% reservation for Muslim or Christian religions. The Central government has listed a number of Muslim communities as backward Muslims, making them eligible for reservation.


Criticism, controversies and protests

The Union Government on 22 December 2011 announced the establishment of a sub-quota of 4.5% for religious minorities within the existing 27% reservation for Other Backward Classes. The reasoning given was that Muslim communities that have been granted OBC status are unable to compete with
Hindu Hindus (; ; also known as Sanātanīs) are people who religiously adhere to Hinduism, also known by its endonym Sanātana Dharma. Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pp. 35–37 Historically, the term has also be ...
OBC communities. It was alleged that the decision was announced as the
Election Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
announced Assembly elections in five states on 24 December 2011. The government would not have been able to announce this due to the model code of conduct. On 12 January 2012, the
Election Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
stayed implementation of this decision for violation of the model code of conduct. Later, Justice Sachar, head of the
Sachar Committee The Sachar Committee was a seven-member high-level committee established in March 2005 by former Indian Prime Minister Manmohan Singh. The committee was headed by former Chief Justice of Delhi High Court Rajinder Sachar to study the social, e ...
that was commissioned to prepare a report on the latest social, economic and educational condition of the Muslim community of India, criticised the government decision, saying "Such promises will not help the backward section of minorities. It is like befooling them. These people are making tall claims just to win elections". He suggested that instead of promising to give reservations, the government should focus on basic issues of improving administration and governance. On 28 May 2012, the Andhra Pradesh High Court quashed the sub-quota. The court said that the sub-quota has been carved out only on religious lines and not on any other intelligible basis. The court criticized the decision: "In fact, we must express our anguish at the rather casual manner in which the entire issue has been taken up by the central government.".


Mandal Commission protests of 1990

Mandal commission protests of 1990 were against reservation in government jobs based on caste in
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
.


2006 Indian anti-reservation protests

The 2006 Indian anti-reservation protests were a series of protests that took place in India in 2006 in opposition to the decision of the
Union Government of India The Government of India (ISO: Bhārata Sarakāra, legally the Union Government or Union of India or the Central Government) is the national authority of the Republic of India, located in South Asia, consisting of 36 states and union territo ...
, led by the
Indian National Congress The Indian National Congress (INC), colloquially the Congress Party, or simply the Congress, is a political parties in India, political party in India with deep roots in most regions of India. Founded on 28 December 1885, it was the first mo ...
-headed multiparty coalition
United Progressive Alliance The United Progressive Alliance (UPA; Hindi: Saṁyukta Pragatiśīl Gaṭhabandhan) was a Political group, political alliance in India led by the Indian National Congress. It was formed after the 2004 Indian general election, 2004 general ele ...
, to implement reservations for the Other Backward Classes (OBCs) in central and private institutes of higher education. This move led to massive protests, particularly from students and doctors belonging to the
forward caste Forward caste (or General caste) is a term used in India to denote castes which are not listed in SC, ST or OBC reservation lists. They are on average considered ahead of other castes economically and educationally. They account for about 30.8% ...
s, who claimed that the government's proposal was discriminatory, discarded
meritocracy Meritocracy (''merit'', from Latin , and ''-cracy'', from Ancient Greek 'strength, power') is the notion of a political system in which economic goods or political power are vested in individual people based on ability and talent, rather than ...
and was driven by '' vote-bank politics''.


Agitations demanding more reservation

In 2008 and 2010, the Gujjar community in Rajasthan demanded reclassification from OBC to ST ( Scheduled Tribes) for increased reservation benefits. They began violently protesting on the streets of Rajasthan and blocked several rail lines. Police firing on Gujjars began a tit-for-tat cycle of violence between Police and Gujjars. The violence ended with 37 people dead. Their move was opposed by the Meenas, the main ST community in Rajasthan. In 2019, the agitation restarted as Gujjars demanded 5% reservation, and began blocking trains to this effect.
Jats The Jat people (, ), also spelt Jaat and Jatt, are a traditionally agricultural community in Northern India and Pakistan. Originally pastoralists in the lower Indus river-valley of Sindh, many Jats migrated north into the Punjab region in ...
have been demanding OBC status since the 1990s. In 2016, they began an agitation to get this status. To this effect they began protesting by blockading roads and lines, but later the protests turned violent. Riots spread to Delhi and western Uttar Pradesh, and even Rajasthan. The epicentre of the violence was in Rothak, and almost ₹34000 crores ($4.8 billion) worth of property was damaged and 30 were killed. Bowing to the pressure, the Haryana government created a special category for Jats and other upper castes called BC, and appointed 10% reservation, but the measure was blocked in court. Beginning in 2015, the
Patidar Patidar (Gujarati language, Gujarati: ), formerly known as Kunbi, Kanbi (Gujarati language, Gujarati: ), is an Indian land-owning and peasant Caste system in India, caste and community native to Gujarat. The community comprises at multiple sub ...
community (better known as Patel) began agitating for OBC status in Gujarat. This movement consisted of massive demonstrations across the state, led by Hardik Patel. Later many of these protests turned violent, resulting in curfews across the state and crores worth of damage. Talks with the government broke down, and the violence restarted. After the Jat agitation began in 2016, the Patidars flared up again and led a march through Gujarat, but protests in several cities turned violent and the Rapid Action Force was sent in. In January 2016, the Kapu community in Andhra Pradesh began leading protests to be classified in Backward Classes. The agitation became violent when in Tuni, Kapu protestors set trains on fire. In 2019, the
Telugu Desam Party The Telugu Desam Party (TDP; ) is an Indian regional political party primarily active in the Federated state, states of Andhra Pradesh and Telangana. It was founded by Telugu cinema, Telugu matinée idol N. T. Rama Rao (NTR) on 29 March 1982 a ...
which had just been made opposition, tabled a bill to have a 5% sub-quota for Kapus out of EWS reservation.
Marathas The Maratha Empire, also referred to as the Maratha Confederacy, was an early modern India, early modern polity in the Indian subcontinent. It comprised the realms of the Peshwa and four major independent List of Maratha dynasties and states, Ma ...
, the dominant caste of Maharashtra, have been agitating for OBC status since the 1990s. In 2016, after the rape and murder of a 15-year old Maratha girl in Kopardi, the Maratha community organized massive protests throughout Maharashtra. Their demands included death for the accused as well as reservations for the Maratha community which makes up 16% of the state's population. Some road blocks turned violent in 2017 and 2018, but overall the protests were peaceful. Their demand was met when the Maharashtra government instituted a special SEBC (Socially and Educationally Backward Classes) category for them with 16% reservation. The Supreme Court of India later however, declared the SEBC reservation for Marathas as unconstitutional.


JEE Main 2025 Cut-off and Related Student Suicide Incident

JEE – Main, a national-level engineering entrance examination, is attended by thousands of aspiring students across India. However, the intense competition and varying cut-off scores for different categories have contributed to severe stress among candidates. On February 12, 2025, a tragic incident was reported involving a student who had scored 92 percentile. Unfortunately, the qualifying cut-off for the General category was 93.1023262, leading to the student narrowly missing the mark.


Economic status

The Union Government tabled th
Constitution (One Hundred And Twenty-Fourth Amendment) Bill, 2019
which provided 10% additional quota for the
economically weaker sections Economically Weaker Section (EWS) in India is a subcategory of people having an annual family income less than and who do not belong to any category such as Scheduled Castes and Scheduled Tribes, SC/ST/Other Backward Class, OBC (Central list) a ...
amongst the erstwhile unreserved category students. The definition of 'economically weaker sections' will be defined by the State from time to time. The constitutional amendment has laid down that they will be restricted to people with household income less than 8 Lakh per annum and those who own agricultural land below five acres. '' Business Today'' has commented that these criteria cover almost 100 percent of the population. Several petitions have been filed before the
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
challenging the legality of this amendment.


Exclusions

In the reservation system in India, the central government notifies castes as SC, ST, or OBC categories based on socio-historical background, while exclusion from reservation benefits is determined by an individual's socio-economic status, nativeness, and religion. For SC and ST individuals, pre-exclusion criteria are employed, while post-exclusion criteria are used for OBCs. *For ST individuals, the following categories are not entitled to benefit from the reservation system: ** Immigration from a Scheduled State/UT to a non-Scheduled State/UT. * For SC individuals, the following categories are not entitled to benefit from the reservation system: ** Immigration from a Scheduled State/UT to a non-Scheduled State/UT. ** Professing religions other than Hinduism, Buddhism, and Sikhism. * For OBC's people the following categories are not entitled to take advantage of the reservation system: ** Children of officials in high office as per the Constitution. ** Children of civil servants in high positions. ** Children of
armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a ...
officers of high rank. ** Children of professionals and those engaged in trade and industry. ** Children of property owners. ** Children of people with annual income exceeding 8,00,000 (regarded as the "
creamy layer Creamy layer is a term used in reservation system of India to refer to some members of a backward class who are highly advanced socially as well as economically and educationally. They constitute the forward section of that particular backw ...
"). Institutions of Excellence, research institutions, Institutions of National and Strategic Importance such as
Centre for Development of Advanced Computing The Centre for Development of Advanced Computing (C-DAC) is an Indian autonomous scientific society, operating under the Ministry of Electronics and Information Technology. History C-DAC was created in November 1987, initially as the Centr ...
, Homi Bhabha National Institute and its ten constituent units, the
Tata Institute of Fundamental Research Tata Institute of Fundamental Research (TIFR) is a leading research Institute under the Department of Atomic Energy of the Government of India. It is a public deemed university located at Navy Nagar, Colaba in Mumbai. It also has a centres in ...
(Mumbai), the North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences (Shillong), Physical Research Laboratory (Ahmedabad), the
Vikram Sarabhai Space Centre The Vikram Sarabhai Space Centre (VSSC) is a major space research centre of the Indian Space Research Organisation (ISRO), focusing on rocket and space vehicles for India's satellite programme. It is located in Thiruvananthapuram, in the India ...
(Thiruvananthapuram) and the Indian Institute of Remote Sensing (Dehradun) do not have reservations for higher education. However Institutes of National Importance such as
Indian Institutes of Management The Indian Institutes of Management (IIMs) are Centrally Funded Business Schools for management offering undergraduate, postgraduate, doctoral and executive programmes along with some additional courses in the field of business administra ...
(IIMs),
Indian Institutes of Technology The Indian Institutes of Technology (IIT) are a network of engineering and technology institutions in India. Established in 1950, they are under the purview of the Ministry of Education of the Indian Government and are governed by the Inst ...
(IITs), National Institutes of Technology (NIT) and Indian Institute of Information Technology (IIIT) have provision of reservation in admission process for undergraduate and graduate programs. On 27 October 2015, the Supreme Court directed the state and the Central governments to end the regional quota and to ensure that super-specialty medical courses are kept "unreserved, open and free" from any domicile status after the court had allowed petitions files by some MBBS doctors.


Creamy layer

The term ''creamy layer'' was first coined in 1974 in the ''State of Kerala vs N. M. Thomas'' case when Justice VR Krishna Iyer said that the "benefits of the reservation shall be snatched away by the top creamy layer of the backward class, thus leaving the weakest among the weak and leaving the fortunate layers to consume the whole of the cake". The 1992 Indra Sawhney & Others v. Union of India judgement laid down the limits of the state's powers: it upheld the ceiling of 50.21 percent quotas, emphasised the concept of "social backwardness", and prescribed 11 indicators to ascertain backwardness. The judgement also established the concept of qualitative exclusion, such as "creamy layer". The creamy layer applies only to OBCs. The creamy layer criteria were introduced at Rs 1 lakh in 1993 and revised to Rs 2.5 lakh in 2004, ₹4.5 lakh in 2008 and ₹6 lakh in 2013, but now the ceiling has been raised to ₹8 lakh (in September 2017). In October 2015, the National Commission for Backward Classes (NCBC) proposed that a person belonging to OBC with an annual family income of up to ₹15 lakh should be considered as minimum ceiling for OBC. The NCBC also recommended sub-division of OBCs into "backward", "more backward" and "extremely backward" groups and to divide the 27 per cent quota amongst them in proportion to their population, to ensure that stronger OBCs do not corner the quota benefits.


Reservation in states

; Andhra Pradesh : Andhra Pradesh state percentage of reservation is around 50%. Including the overall 1/3 reservation for women, 66.66% of seats are reserved in Andhra Pradesh in education and government jobs. Scheduled Castes – 15% Scheduled Tribes – 6% Backward Classes (A, B, C, D) – 27% Physically Handicapped (Blind, Deaf & Dumb and OPH) – 3% (1% each) Ex-servicemen (APMS only) – 1% (0.5% in general category) Women – 33.33% (in all categories, means 16.66% in general category) Andhra Pradesh BC quota has sub-quotas for castes, classified in A, B, C and D. Addition of disabled, ex-serviceman, women in general category 16.66% makes total reservation percentage 66.66%. ; Arunachal Pradesh : Arunachal Pradesh has 80% reservation for Scheduled Tribes. ; Assam : Scheduled Castes – 7% Scheduled Tribes – 15% Other Backward Classes – 27% Economically Weaker Sections – 10% Assam provides sub quotas for several other communities such as Morans, Mataks and Tea Tribes in medical colleges under the OBC category. In November 2020, Assam's cabinet extended this reservation to Koch-Rajbongshis, Ahoms and Chutias. These six communities are demanding Scheduled Tribe status. In January 2019, Assam approved EWS reservation. ; Bihar: Scheduled Castes – 20% Scheduled Tribes – 2% Other Backward Classes – 43% Economically Weaker Sections – 10% First implemented in 1970 by Karpoori Thakur, Bihar has a sub-quota within OBC quota of 18% for Extremely Backward Castes (EBCs) and 3% for Backward Caste women in government jobs and educational institutes. EWS reservation was implemented in 2019. The Reservation in the State of Bihar was increased on 9 November 2023.With the existing 10% quota for Economically Weaker Sections (EWS), the effective quota will be 75%. The main beneficiaries are the EBCs and OBCs, whose quota is proposed to be raised from 12% to 25% and 8% to 18% respectively. According to 2022 Bihar caste-based survey, 36.01% of the population are EBCs, and 27.13% are OBCs.For SCs, the proposed new quota is 20%, up from the existing 14%. The SC population is estimated at 19.65%. The quota for STs, however, is proposed to be slashed from 10% to 2%. With most of the tribal areas going to Jharkhand after the bifurcation of Bihar in 2000, the tribal population in Bihar is less than 2%. ; Chhattisgarh : Scheduled Castes – 12% ( now 16%) Scheduled Tribes – 32% ( now 20%) Other Backward Classes – 14% Economically Weaker Sections – no provision Chhattisgarh: Ordinance on OBC quota hike to 27% has lapsed, says high court. ; Delhi : Scheduled Castes - 15% Scheduled Tribes - 7% Other Backward Classes - 27% Since Delhi is a Union territory and subject to the Central government, government jobs in Delhi are designated Central Government jobs. In a 2018 Supreme Court decision, it was decided that since Delhi is the capital and no one is an "outsider" there reservations in the territory should follow the all-India pattern. Furthermore, these reserved jobs are open from reserved communities from outside Delhi. ; Goa : Scheduled Castes – 2% Scheduled Tribes – 12% Other Backward Classes – 27% Economically Weaker Sections – 10% Physically handicapped - 3% Ex-servicemen - 2% Sportspersons - 3% In 2014, the quota for OBC reservation was raised from 19.5% to 27%. In June 2019, Goa implemented EWS reservation in jobs and education. ; Gujarat : Scheduled Castes – 7% Scheduled Tribes – 15% Other Backward Classes – 27% Economically Weaker Sections – 10% Gujarat also implemented a 33% reservation for general category women in government jobs. The government also banned reserved category applicants from competing for general category seats, but this was revoked in 2020. Similarly the women reservation was made cutting across all categories in 2020. Gujarat was one of the first states to implement EWS reservation, which applies to general category candidates with less than ₹8 lakhs income, not including other assets like land. ; Haryana : Scheduled Castes – 20% Other Backward Classes – 23% Economically Weaker Sections – 10% Ex-servicemen – 5% Sportspersons – 3% Physically handicapped – 3% In Haryana OBCs are divided into A, B, C categories, each with 11%, 6% and 6% reservation respectively. Reservations in promotions are different, although still based on population. In 2021, Haryana passed a law mandating 75% reservation in private-sector jobs with incomes less than ₹25,000 for local candidates. However, the Punjab and Haryana High Court has quashed this law in 2023 asserting it was unconstitutional. ; Himachal Pradesh : Scheduled Castes – 25% Scheduled Tribes – 4% Other Backward Classes – 20% Economically Weaker Sections – 10% In the Scheduled Areas which have a very high percentage of STs, such as Kinnaur and Lahaul and Spiti districts, percentage of ST reserved seats in government jobs are much higher. ; Jharkhand : Scheduled Castes – 10% Scheduled Tribes – 26% Other Backward Classes – 14% Economically Weaker Sections – 10% BC are currently classified as being in Annexure 1 and Annexure 2. ; Maharashtra : Scheduled Castes (SC) (13%) Scheduled Tribes (ST) (7%) Other Backward Classes (OBC) (19%) Special Backward Classes (SBC) (2%) Nomadic Tribes – A (Vimukta jati) (3%) Nomadic Tribes – B (2.5%) Nomadic Tribes – C (
Dhangar The Dhangars are caste of people found in the Indian states of Maharashtra, northern Karnataka, Goa, Madhya Pradesh . They are referred to as Gavli Dhangars in northern Maharashtra ( Khandesh region) and the forested hill tracts of India's We ...
) (3.5%) Nomadic Tribes – D ( Vanjari) (2%) Economically Weaker Sections (EWS) – 10%
Maharashtra Maharashtra () is a state in the western peninsular region of India occupying a substantial portion of the Deccan Plateau. It is bordered by the Arabian Sea to the west, the Indian states of Karnataka and Goa to the south, Telangana to th ...
has 62% reservation in educational institutions and government jobs. ; Uttarakhand : Scheduled Castes – 19% Scheduled Tribes – 4% Other Backward Classes – 14% Economically Weaker Sections – 10%
Uttarakhand Uttarakhand (, ), also known as Uttaranchal ( ; List of renamed places in India, the official name until 2007), is a States and union territories of India, state in North India, northern India. The state is bordered by Himachal Pradesh to the n ...
has 47% reservation in educational institutions and government jobs. In addition to vertical reservation, the state gives 30% horizontal reservation to women, 5% to the ex-servicemen (ES), 4% to persons with disability (PWD), 2% to the dependants of freedom fighters (DFF), and 5% to the orphans residing in the state-run orphanages.


See also

* Nari Shakti Vandan Adhiniyam * Backwardism * Caste: The Origins of Our Discontents * Court cases related to reservation in India *
Forward caste Forward caste (or General caste) is a term used in India to denote castes which are not listed in SC, ST or OBC reservation lists. They are on average considered ahead of other castes economically and educationally. They account for about 30.8% ...
* Reservation policy in Bihar * Reserved political positions in India * Caste politics * Reservation policy in Tamil Nadu * Jat reservation agitation * Reverse discrimination in India


Notes


References


Further reading

*Shourie, Arun (2012). Falling over backwards: An essay on reservations and judicial populism. New Delhi: HarperCollins Publishers. *


External links


National Commission for Backward Classes

National Commission for Scheduled Castes

National Commission for Scheduled Tribes

Ministry of Social Justice & Empowerment
* {{DEFAULTSORT:Reservation In India Affirmative action Social justice Majority–minority relations Law of India Politics of India