Reservation Framework
Articles 15(4), 16(4) and the Creamy Layer Debate
Constitutional provisions for reservations flow primarily from Article 15(4) — which allows the state to make special provisions for socially and educationally backward classes or SCs/STs — and Article 16(4), which allows reservations in public employment. The 50% ceiling on reservations was established by the Supreme Court in Indra Sawhney v. Union of India (1992) (the Mandal judgment). A related issue is whether the "creamy layer" exclusion (applicable to OBC reservations) should also apply to SC/ST reservations — a question the 2024 Davinder Singh judgment addressed by asking states to consider "creamy layer"-type exclusions within sub-classified SC groups.
- Article 15(4): State can make special provision for advancement of backward classes, SCs, STs.
- Article 16(4): State can reserve appointments for inadequately represented backward classes.
- 50% ceiling: Set by Indra Sawhney (1992) — total reservations (SC + ST + OBC) cannot exceed 50% (with exceptions for extraordinary circumstances).
- Creamy layer: Concept from Indra Sawhney — excludes the "well-off" among OBCs from reservation. Currently NOT applicable to SCs/STs under settled law; Davinder Singh (2024) suggests states may consider it for sub-classification purposes.
- Maharashtra's SC quota: 13% of government jobs and educational seats currently reserved for SCs.
● Tracked since March 09, 2026 · last seen April 02, 2026 · updates as the daily brief publishes