In a 6:1 majority ruling, a seven-judge Constitution Bench of the Supreme Court held in April 2026 that states have the constitutional authority to sub-categorise the Other Backward Classes within the 27% OBC reservation quota — creating separate sub-quotas for the most backward communities within the broader OBC category. The ruling overturns a 2004 five-judge bench decision and gives 18 states that had already enacted sub-categorisation laws a firm legal foundation.
OBC Sub-Categorisation — What Changes
- States can now sub-divide 27% OBC quota between 'backward' and 'most backward' groups
- Creamy layer criteria must be applied even to sub-categories
- Cannot exceed overall 50% reservation ceiling (Indra Sawhney limit)
- 18 states had sub-categorisation laws that were in legal limbo — now validated
- 54 crore citizens classified as OBC nationally (SECC 2011)
- Ruling does not create new quotas — only reorganises existing 27%
“This ruling recognises a ground reality: within the broad OBC category, certain communities have cornered most of the benefits while smaller, more disadvantaged groups got nothing. Sub-categorisation corrects this.”
— Justice B.R. Gavai, from the majority opinion
27%
OBC reservation quota
54Cr
OBC population nationally
18
States with sub-cat laws
6:1
SC bench majority
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Ananya Krishnamurthy
Judiciary Reporter
Ananya covers the Supreme Court, High Courts and access-to-justice issues from New Delhi. She has reported on landmark constitutional cases since 2019.