ValkyaEditorial

Tagged “reservation”

8 articles on reservation.

Landmark JudgmentSupreme Court of India

Ashoka Kumar Thakur v. Union of India: the Constitution Bench on 27% OBC reservation in central higher education, the 93rd Amendment and the creamy-layer extension

On 10 April 2008, a five-judge Constitution Bench upheld the Central Educational Institutions (Reservation in Admission) Act 2006 — providing 27% OBC reservation in centrally-funded higher education institutions including the IITs, IIMs, AIIMS and central universities — together with the 93rd Constitutional Amendment that inserted Article 15(5). The Bench extended the Indra Sawhney creamy-layer doctrine to OBC reservation in higher education, preserved the 50% reservation ceiling and required periodic review and quantifiable data. The validity of Article 15(5) for private unaided institutions was left for Pramati (2014) to settle.

Valkya Editorial··15 min
Landmark JudgmentSupreme Court of India

Janhit Abhiyan v. Union of India: how a five-judge Bench upheld the 10 per cent EWS reservation

On 7 November 2022, a five-judge Constitution Bench held by 3:2 that the Constitution (One Hundred and Third Amendment) Act, 2019 — which had inserted clauses authorising the State to provide reservation of up to 10 per cent for economically weaker sections, additional to the existing reservation under Articles 15(4), 15(5) and 16(4) — did not breach the basic structure of the Constitution. Justices Maheshwari, Trivedi and Pardiwala wrote separate concurring opinions for the majority; Justice Ravindra Bhat wrote a dissent on behalf of himself and Chief Justice U.U. Lalit. A digest of the bench, the holdings, the dissent, and the doctrinal arc of reservation jurisprudence after the EWS judgment.

Valkya Editorial··10 min
Landmark JudgmentSupreme Court of India

Jarnail Singh v. Lachhmi Narain Gupta: creamy layer for SC/ST promotion reservation and the partial reading-down of M. Nagaraj

On 26 September 2018, a five-judge Constitution Bench held that the creamy-layer principle applies to reservation in promotion for Scheduled Castes and Scheduled Tribes — and read down the requirement, articulated in M. Nagaraj (2006), that States collect quantifiable data to demonstrate backwardness of SC/STs as a condition for providing such reservation. The unanimous judgment of Justice Nariman recalibrates the doctrinal architecture between Indra Sawhney, M. Nagaraj, and the SC/ST promotion reservation regime. A digest of the question, the holding, the doctrinal logic, and the lineage.

Valkya Editorial··8 min
Landmark JudgmentSupreme Court of India

State of Punjab v. Davinder Singh: how a seven-judge Bench permitted sub-classification within Scheduled Castes

On 1 August 2024, a seven-judge Constitution Bench held by 6:1 that sub-classification within Scheduled Castes for reservation purposes is constitutionally permissible — and overruled E.V. Chinnaiah v. State of Andhra Pradesh (2004), which had held that the Scheduled Castes constituted a homogeneous class. The judgment recalibrates the Indra Sawhney – M. Nagaraj – Jarnail Singh line on reservation and opens the door to sub-quotas within SC reservation for the most disadvantaged sub-groups, subject to empirical data and constitutional safeguards. A digest of the bench, the opinions, the overruling of E.V. Chinnaiah, and what States can now do.

Valkya Editorial··10 min
Landmark JudgmentSupreme Court of India

Indra Sawhney v. Union of India: the Mandal verdict, the 50% ceiling, and the creamy-layer doctrine

On 16 November 1992, a nine-judge Constitution Bench upheld the implementation of the Mandal Commission's recommendation for 27% reservation in Central Government services for Other Backward Classes — but bounded the framework with two structural constraints: reservations could not, in the aggregate, exceed 50% of available positions, and the 'creamy layer' of the backward class had to be excluded from the benefit. Three decades on, the framework remains the constitutional architecture of Indian reservations policy. A digest of the holding, the doctrinal architecture, and how it continues to govern.

Valkya Editorial··10 min
Landmark JudgmentSupreme Court of India

M. Nagaraj v. Union of India: the constitutional architecture of reservation in promotion

On 19 October 2006, a five-judge Constitution Bench upheld the constitutional validity of the 77th, 81st, 82nd and 85th Amendments — which together had inserted Articles 16(4A) and 16(4B) to provide for reservation in promotion for SC/ST and the carry-forward of unfilled reserved positions. The disposition articulated the three-pronged test that has governed promotion-reservation policy ever since: backwardness, inadequacy of representation, and administrative efficiency. A digest of the holding, the three-prong architecture, and the relationship with the *Indra Sawhney* and *Jarnail Singh* lines.

Valkya Editorial··10 min