Reservation in education, employment and politics remains one of the most debated features of India’s constitutional framework. Introduced as a temporary measure to rectify centuries of social and economic exclusion, the system has evolved through legislative amendments, landmark judicial pronouncements and shifting political priorities. By December 2025, India operates a complex multi-layered reservation regime that covers Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC) and, since 2019, the Economically Weaker Sections (EWS) among the general category.
This editorial presents a neutral, chronological and fully updated account of how the policy originated, expanded and has been interpreted up to the present day.
Who Gets Reservation and Why?
India currently recognises four broad categories for affirmative action:
- Scheduled Castes (SC): Communities historically subjected to untouchability and extreme social exclusion.
- Scheduled Tribes (ST): Indigenous and tribal communities, often geographically isolated and deprived of modern infrastructure and opportunities.
- Other Backward Classes (OBC): Socially and educationally backward communities that do not fall under SC or ST but still suffer disadvantage. Identification is largely caste-based.
- Economically Weaker Sections (EWS introduced in 2019): Persons from the general category with family income below ₹8 lakh per annum and limited asset ownership. This is the only purely economic criterion.
Vertical vs Horizontal Reservation
- Vertical reservation applies separately to SC, ST, OBC and EWS. Seats or posts are divided into distinct quotas (e.g., 15 % SC, 7.5 % ST, 27 % OBC, 10 % EWS at the central level).
- Horizontal reservation cuts across vertical categories. Examples include reservations for women (33 % in many local bodies and now in Parliament/Legislative Assemblies from the 2023 Women’s Reservation Act), persons with disabilities (4 %), and ex-servicemen. A woman from the SC category, for instance, can avail both SC (vertical) and women (horizontal) benefits.
Quantum of Reservation (as on 2025)
Central Government institutions and jobs
- SC: 15 %
- ST: 7.5 %
- OBC: 27 %
- EWS: 10 %
Total: 59.5 % (The Supreme Court upheld the breach of the 50 % ceiling because EWS is treated as a separate category – Janhit Abhiyan v Union of India, 2022).
States vary widely. Tamil Nadu (69 %), Maharashtra (62–68 % in certain sectors), and several northeastern states exceed 50 % with judicial approval when backed by quantifiable data of backwardness and inadequate representation.
Where Does Reservation Apply?
- Education (admissions to central and state institutions)
- Government employment (initial appointment; promotion for SC/ST only, subject to conditions)
- Political representation:
- Lok Sabha & State Assemblies: Seats reserved only for SC and ST (proportional to population). No OBC reservation.
- Local bodies (Panchayats & Municipalities): SC, ST, OBC and women (33 %) reservations are common, varying by state.
- Women’s Reservation Act, 2023: 33 % seats in Lok Sabha and State Assemblies reserved for women from the delimitation exercise expected after the 2031 census.
The Historical Journey (1951–2025)
1951 – The Trigger: State of Madras v Champakam Dorairajan
The Supreme Court struck down caste-based quotas in medical and engineering colleges introduced by Madras State, holding them violative of Article 15(1) and Article 29(2). This prompted the very First Amendment of the Constitution in 1951, inserting Article 15(4) which empowered the State to make “special provision” for the advancement of socially and educationally backward classes, SCs and STs.
1953 – Kaka Kalelkar Commission (First Backward Classes Commission)
Identified roughly 2,399 castes as backward (≈70 % of population) but its recommendations were rejected by the Union government on the ground that caste alone could not be the sole criterion.
1979–1980 – Mandal Commission
Appointed under the Janata government and chaired by B.P. Mandal, it estimated OBC population at 52 % and recommended 27 % reservation in government jobs and educational institutions. The report remained unimplemented for a decade.
1990 – Implementation of 27 % OBC Quota
Prime Minister V.P. Singh announced implementation of the Mandal recommendations, triggering nationwide protests and legal challenges.
1992 – Indira Sawhney v Union of India (the Mandal judgment) – Nine-Judge Bench
Key rulings:
- 27 % OBC reservation upheld.
- Total reservation should not exceed 50 % (the famous “50 % rule”).
- Introduced the concept of “creamy layer” exclusion among OBCs.
- Reservation in promotions not permissible (later reversed by amendments).
1995–2001 – Constitutional Amendments Overriding Indira Sawhney on Promotions
- 77th Amendment (1995) → Article 16(4A): Reservation in promotions for SC/ST permitted.
- 81st Amendment (2000) → Article 16(4B): Carry-forward of unfilled vacancies without breaching 50 % ceiling in a particular year.
- 85th Amendment (2001) → Consequential seniority for SC/ST promotees.
2006 – M. Nagaraj v Union of India
Upheld the above amendments but imposed three controlling conditions for reservation in promotions: quantifiable data showing backwardness, inadequate representation, and maintenance of administrative efficiency.
2018 – Jarnail Singh v Lachhmi Narain Gupta
Corrected Nagaraj:
- No need for fresh quantifiable data on backwardness of SC/ST (it is presumed from historical oppression).
- Extended creamy layer exclusion to SC/ST as well.
2022 – Janhit Abhiyan v Union of India (EWS judgment) – 3:2 majority
Upheld the 103rd Amendment (2019) introducing 10 % EWS quota and ruled:
- Economic criteria alone are constitutionally valid.
- Breaching the 50 % ceiling is permissible when the new quota is for a separate class (EWS).
- Exclusion of SC/ST/OBC from EWS quota is valid (no double benefit).
2024 – State of Punjab v Davinder Singh (SC/ST sub-classification case)
A seven-judge bench permitted states to sub-classify SCs and STs and provide differential quotas within the overall SC/ST reservation to benefit the most disadvantaged groups (“creamy layer” principle applied within SC/ST).
Current Legal Position (December 2025)
| Aspect | SC/ST | OBC | EWS |
|---|---|---|---|
| Initial appointment | Yes | Yes | Yes |
| Promotion | Yes (if conditions met) | No | No |
| Creamy layer exclusion | Applicable (post-2018 & 2024) | Applicable since 1992 | Not applicable |
| Sub-classification allowed | Yes (2024 Davinder Singh) | Yes (states already do) | N/A |
| Political reservation (Lok Sabha/State Assemblies) | Yes (population proportion) | No | No |
Continuing Debates in 2025
- Should reservation be purely economic? The EWS experiment is still young, and data on its effectiveness are limited.
- Duration: Originally envisaged as temporary (political reservation for SC/ST was to last 10 years), yet repeatedly extended (latest until 2030).
- Private sector: No constitutional mandate, though some states have enacted laws.
- Data vacuum: The absence of a recent caste census (last comprehensive one was 1931) continues to fuel demands for inclusion/exclusion of new communities.
India’s reservation architecture is a rare global example of constitutionally entrenched affirmative action that has survived seven decades of democratic scrutiny. It has undeniably opened doors for millions from historically oppressed and marginalised communities. At the same time, the system has grown increasingly complex, occasionally breaching its own 50 % ceiling and spawning sub-quotas, creamy-layer exclusions and sub-classifications.
As India moves towards the next census and delimitation exercise (expected post-2031), fresh political and judicial battles over inclusion, percentage and criteria are inevitable. What began in 1950 as a limited tool for social justice has become a defining feature of Indian democracy—one that continues to evolve in response to both historical wrongs and contemporary realities.
Creamy Layer Criteria in India (as on December 2025)
The “creamy layer” is the segment of a backward community that has achieved significant social, educational, and economic advancement. Such persons are excluded from reservation benefits so that affirmative action reaches the truly disadvantaged within that community.
There are two separate creamy layer regimes in force today:
| Category | Creamy Layer Applicable? | Governing Judgment / Rule | Current Income Ceiling (annual gross family income) |
|---|---|---|---|
| Other Backward Classes (OBC) | Yes (since 1993) | Indira Sawhney (1992) + DoPT OM dated 08.09.1993 and subsequent revisions | ₹8 lakh (revised w.e.f. 2017; no change till 2025) |
| Scheduled Castes (SC) & Scheduled Tribes (ST) | Yes (since 2018 & strengthened in 2024) | Jarnail Singh (2018) + Davinder Singh (2024) – extended to SC/ST | ₹8 lakh (same as OBC since 2021 DoPT circular) |
OBC Creamy Layer (in force since 1993; latest criteria 2025)
A person belonging to an OBC is treated as “creamy layer” and excluded from the 27 % OBC quota if any one of the following conditions is satisfied (the list is exhaustive):
A. Income/Wealth Test
- Gross annual family income of parents (or of the candidate + spouse if married) from all sources exceeds ₹8 lakh for three consecutive years.
- Salary and agricultural income are now included in this calculation (clarified by DoPT in 2017).
B. Service (Occupational) Criteria
Parents of the candidate hold high posts (Group A / Class I or Group B / Class II officers of Central/State services) either presently or before retirement:
- Parents are/were in IAS, IPS, IFS, or any other All-India/Central services (Group A)
- Officers of the rank of Colonel and above in the Army, equivalent in Navy/Air Force/Paramilitary
- Professionals such as doctors, lawyers, CAs, engineers, architects, management consultants, media persons with very high income/wealth
- Owners of large agricultural landholdings (varies by state, but generally above a threshold fixed by the state)
- Persons owning large business enterprises or having substantial shareholding
C. Children of Certain High Constitutional/Political Positions
Children of:
- President/Vice-President of India
- Judges of Supreme Court & High Courts
- Chairman/Members of UPSC and State Public Service Commissions
- Chief Ministers, Governors, MPs, MLAs (in some interpretations)
If any parent or the candidate/spouse falls into the above categories, the candidate is treated as creamy layer regardless of income.
Creamy Layer for SC & ST (applicable since 2018/2021)
Originally, the creamy layer concept did not apply to SC/ST because their backwardness was considered “presumed” and arising from untouchability. This changed with:
- Jarnail Singh v Lachhmi Narain Gupta (2018) – Supreme Court ruled that the creamy layer principle must apply to SC/ST as well for promotions.
- DoPT Office Memorandum dated 23.09.2021 – extended ₹8 lakh income ceiling to SC/ST for reservation in promotions and direct recruitment.
- State of Punjab v Davinder Singh (2024) – seven-judge bench confirmed that states can sub-classify SCs and exclude the creamy layer even within SC quotas.
Current SC/ST Creamy Layer Rules (2025):
- Any SC/ST person whose family’s gross annual income exceeds ₹8 lakh for three consecutive years is treated as creamy layer and excluded from reservation benefits in direct recruitment and promotions.
- Children of Group A/Class I and Group B/Class II officers (same service criteria as OBC) are also excluded.
- States are now actively sub-classifying SCs (e.g., Maharashtra, Punjab, Tamil Nadu, Bihar) to give preference to the most disadvantaged sub-castes within the 15 % SC quota.
Key Points Common to Both OBC and SC/ST Creamy Layer
- Income of ₹8 lakh is gross family income (father + mother + minor siblings, or candidate + spouse if married).
- Agricultural income and salary were earlier excluded but are now included (2017 clarification).
- Once a person is identified as creamy layer, the status applies for the entire block of the roster (usually 3–5 years).
- Candidates must submit a non-creamy layer certificate issued by competent authority (Tehsildar/SDM/DM level).
Summary Table (2025)
| Criterion | OBC Creamy Layer | SC/ST Creamy Layer |
|---|---|---|
| Annual family income > ₹8 lakh | Yes | Yes |
| Children of Group A/Class I officers | Yes | Yes |
| Children of Group B/Class II officers (if promoted from Group C) | No (only if directly recruited) | Yes |
| Applies to direct recruitment | Yes | Yes |
| Applies to promotions | Yes (for OBC since 1993, for SC/ST since 2018) | Yes |
| Sub-classification allowed | Yes (states do it) | Yes (permitted since 2024) |
In short, as of December 2025, the creamy layer principle with ₹8 lakh income ceiling and service-based exclusion applies uniformly to OBC, SC, and ST communities for both jobs and education, ensuring that reservation benefits reach the genuinely disadvantaged sections.




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