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Indra Sawhney v. Union of India (1992) – Landmark Judgment on OBC Reservation and Article 16 Explained

Introduction

Article 16 of the Indian Constitution guarantees equality of opportunity in matters of public employment. It forms a vital part of the fundamental rights under the larger umbrella of Right to Equality (Articles 14–18).

However, as India continues to address social and historical inequities, Article 16 has become the focal point of debates surrounding reservation policies. A watershed moment in this context was the landmark Indra Sawhney v. Union of India (1992) case, also known as the Mandal Commission case.

What is Article 16?

Article 16(1) and 16(2) ensure equal opportunity for all citizens in matters relating to employment or appointment to any office under the State, and prohibit discrimination on the grounds of religion, race, caste, sex, descent, place of birth, or residence.

Article 16(4) allows the State to make provisions for the reservation of posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services.

Indra Sawhney v. Union of India (1992): Background

In 1979, the Mandal Commission (Second Backward Classes Commission) was set up to identify the socially or educationally backward classes and recommend affirmative action. It suggested 27% reservation for OBCs, in addition to the existing 22.5% reservation for SCs and STs.

When Prime Minister V.P. Singh implemented this recommendation in 1990, it led to massive public protests. The matter reached the Supreme Court.

Key Issues Before the Court

  1. Validity of the 27% OBC reservation.

  2. Whether reservation violates the principle of equality under Article 14 and 16.

  3. Can reservations exceed 50% of total available seats?

  4. Should the creamy layer (economically advanced sections of backward classes) be excluded?


Supreme Court Verdict – Key Highlights

The nine-judge Constitution Bench of the Supreme Court ruled:

✅ Reservation for OBCs is Constitutionally Valid

  • The 27% reservation for Other Backward Classes (OBCs) was upheld under Article 16(4).

❌ Reservation Cannot Exceed 50%

  • The Court capped the total reservation at 50%, maintaining the balance between equality and affirmative action (except in extraordinary circumstances).

🧑‍💼 Creamy Layer Exclusion

  • The creamy layer (economically advanced individuals within OBCs) was excluded from reservation benefits.

  • This was introduced to prevent the monopolization of benefits by the relatively better-off among backward classes.

🚫 No Reservation in Promotions

  • The Court held that reservation in promotions was not constitutionally valid at that time under Article 16(4).


Constitutional Provisions & Amendments

  • Article 16(4A): Introduced by the 77th Constitutional Amendment Act, 1995, allowing reservation in promotions for SCs/STs.

  • Article 335: Maintains the efficiency of administration while providing for SC/ST claims.

  • 93rd Amendment (2005): Enabled reservations in private educational institutions (though outside Article 16's scope).


Impact of the Judgment

  • Cemented the idea of positive discrimination to uplift backward classes while ensuring meritocracy.

  • Introduced the creamy layer concept, now pivotal in reservation-related decisions.

  • Led to periodic reviews and reports on backward class representation.

  • Inspired future rulings such as the M. Nagaraj case (2006) and Jarnail Singh (2018) on reservation in promotions.


Conclusion

The Indra Sawhney judgment stands as a cornerstone in India’s constitutional and social landscape. It balanced the ideals of equality and social justice with the need for administrative efficiency and fairness. As India continues its journey towards inclusive governance, this case remains a touchstone for understanding reservations in public employment.

👉 Stay tuned to The Legal Catalyst for more insightful and legally sound content on India's evolving legal system.

 FAQs

1. What was the main issue in the Indra Sawhney case?

The main issue was the constitutional validity of 27% reservation for OBCs and whether such reservation could exceed 50%.

2. What is the creamy layer concept?

It refers to the economically advanced individuals within the backward classes who are excluded from reservation benefits to ensure equitable distribution.

3. Is reservation in promotions allowed?

Initially disallowed by this judgment, later constitutional amendments allowed promotion-based reservations for SCs/STs, subject to specific conditions.

4. What is the current cap on reservations?

As per this judgment, the cap is at 50%, though states like Tamil Nadu have crossed this, supported by specific state laws.

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