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Reservation in India: The Constitutional Basis, Who Qualifies, and the Ongoing Debates

India's reservation system — covering education, government jobs, and legislatures — is one of the world's largest affirmative action programmes. This explainer covers the Constitutional basis, who qualifies under OBC/SC/ST/EWS categories, and the key Supreme Court rulings that define the limits.

DR

Deepak Rao

Ground Correspondent

13 min read3.2L readsFeb 20, 2026
ReservationOBCSC/STAffirmative ActionConstitutionEducation

India's reservation system is rooted in the Constitution itself — Articles 15(4), 15(5), 16(4), 16(4A), and 46 — not just political decisions. It covers three main domains: education (seats in government colleges), public employment (government jobs), and political representation (reserved constituencies). The system exists to address structural disadvantage accumulated over centuries of caste discrimination and economic exclusion.

The Four Categories — What Qualifies You

The Four Reservation Categories

  • SC (Scheduled Castes): Communities listed in the Presidential Order — previously called 'untouchables' under caste hierarchy. Central list + state lists. 15% in central jobs/education.
  • ST (Scheduled Tribes): Communities listed as tribal by Presidential Order. 7.5% in central jobs/education. Can vary by state.
  • OBC (Other Backward Classes): Identified by state/central OBC commissions using social and educational backwardness criteria. 27% in central jobs/education (Mandal Commission basis).
  • EWS (Economically Weaker Sections): Added by 103rd Constitutional Amendment (2019). 10% for upper castes with annual income below ₹8 lakh. Upheld by SC 3-2 in Janhit Abhiyan case (2022).
  • Total: 49.5% reserved (SC+ST+OBC) + 10% EWS. States can have different percentages.
  • Creamy Layer: OBC families with annual income above ₹8 lakh are excluded from OBC reservations (SC/ST have no creamy layer).

Key Supreme Court Rulings That Shape the System

Timeline

Landmark SC Judgments on Reservation

Note: The 50% ceiling and state exceptions

The Supreme Court's 50% ceiling is not absolute. States can exceed it in 'extraordinary circumstances' — Tamil Nadu has 69% (protected by Ninth Schedule). Bihar's Patna HC struck down 65% Bihar quota in 2024 pending SC review. The ongoing tension: states want higher reservations; SC insists on the ceiling.

Central vs State Reservation Percentages

Central Government (as % of seats)
Example States
SC
15%
TN: 18%, UP: 21%, Karnataka: 15%
ST
7.5%
MP: 20%, Jharkhand: 26%, TN: 1%
OBC
27%
TN: 50%, Maharashtra: 19%, Karnataka: 32%
EWS
10%
Most states have adopted 10%
Total (Central)
49.5% + 10% EWS
TN: 69% (SC protected)
Check Your Understanding

What is the 'Creamy Layer' exclusion in OBC reservations, and who does it apply to?

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DR

Deepak Rao

Ground Correspondent

12 articles published