The question of whether reservations should exceed the 50% cap always fosters a hot debate in civil society and in the higher judiciary. People supporting the reservation have their arguments to surpass the 50% cap, and people who oppose argue either to reduce its limit or maintain the status quo. However, the Supreme Court still carries the principle of reservation with a cap of 50%. Here’s an analysis of the reservation provided in India.
Why Is an India Reservation Provided?
The origin of the reservation is traced back to the Poona Pact of 1932 between Mahatma Gandhi and B. R. Ambedkar. It was time British Prime Minister Ramsay MacDonald announced the Communal Award, separating electorates for depressed classes.
When the Award was announced, Ambedkar initially supported separate electorates, but Gandhi opposed it, and began a fast unto death in Yerwada Jail in Pune.
Following further negotiations, the Poona Pact between Ambedkar and Gandhi came into force. It was accepted that reservations would be provided as a compromise.
After Independence, in the constitution, the provision of reservation entitled to address historical injustice, social inequality, and economic disparity by offering affirmative action to marginalised communities, which aims to ensure their inclusive representation in education and employment.
What Is The Constitutional Provision On Reservation?
Under the Indian Constitution, Article 15(4) and 15(5) give power to the State to make special provisions for the advancement of socially and educationally backwards classes. Article 16(4) also allows the State to provide reservations in public employment for backwards classes.
Article 46 under the Directive Principles of State Policy directs the State to promote the educational and economic interests of weaker sections, especially SCs and STs.
Current Position Of Reservations In India
In the Centre, the reservation at present stands as…
Other Backwards Classes (OBCs) – 27%,
Scheduled Castes (SCs) – 15%,
Scheduled Tribes (STs) – 7.5%,
Economically Weaker Section (EWS) – 10%.
The above scheme results in a total reservation of 59.5%.
Supreme Court’s Order On The 50% Reservation Cap
From time to time, petitions and political demands have reignited the debate on the 50% cap on reservations. Recently, RJD leader Tejashwi Yadav has demanded that reservations should be in proportion to the population.
The Supreme Court, in its several orders, has capped the reservation limit at 50%. In Balaji v. State of Mysore (1962), the apex court held that reservations should be within reasonable limits. In Indra Sawhney v. Union of India case (1992), the Supreme Court upheld 27% OBC reservations, reaffirmed the 50% ceiling, and introduced the concept of the ‘creamy layer’ for OBCs.
Also, in the Janhit Abhiyan v. Union of India case (2022), the court found the 10% EWS quota to be constitutional. Clarifying that the 50% limit applies to backwards classes and not the economically weaker sections.
Supporting and Opposing Arguments for Exceeding the 50% Cap
According to the current demographic, backwards classes form a majority of the population, so they have been demanding proportional representation, arguing that historical injustices and deep-rooted discrimination cannot be addressed with a 50% limit.
They argue that a rigid 50% ceiling undermines the autonomy of a higher portion of marginalised populations.
However, critics argue that high quotas would violate the constitutional principle of equality of opportunity. They believe in the judicial precedents which have consistently upheld the 50% ceiling.
They argue that if higher quotas are provided, large numbers of reserved vacancies will remain unfilled.
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