Reservation Policy
Constitutional Provisions and Evolution
Reservation for Scheduled Castes in India has constitutional sanction under Articles 15(4) and 16(4), which enable the state to make special provisions for SCs, STs, and OBCs in education and public employment. The Presidential Order under Article 341 defines who qualifies as an SC — a centrally notified list that states cannot independently add to or subtract from.
- Article 341: President (in consultation with Governor) notifies the SC list; Parliament can modify by law; states cannot alter the list.
- The 50% ceiling on total reservations: Established by the Supreme Court in Indra Sawhney v. Union of India (1992); states cannot exceed 50% in aggregate (though SC/ST sub-classification can rearrange within the existing SC quota without breaching this ceiling).
- Creamy layer exclusion: Applies to OBC reservation; the Supreme Court has consistently held it does NOT apply to SCs and STs.
- 103rd Constitutional Amendment (2019): Added 10% EWS reservation for Economically Weaker Sections (general category) — upheld by Supreme Court in 2022.
● Tracked since March 04, 2026 · last seen March 26, 2026 · updates as the daily brief publishes
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