Article 16
- initially only LS and State LA for SC/ST
- in govt jobs as enabling provision
- refer FR 16(4)
Champakam Dorairajan Case 1951
- 1927 communal reservation unconstitutional
- violates Right to Equality
1st CAA 1951
- refer Important Amendmendstodo
- added DPSP 46 to empower state to make spl provisions for backward citizens
Mandal Commission 1979
- under Article 340
- 52% OBC
- suggested 27% reservation
- MR Balaji Case reservation cap
- 1990, VP Singh extended OBC reservation
Indira Sawhney v UoI 1992
- reservation gives effect to equal protection of law
- res not anti merit (merit subjetive)
- quota base reservation not same as older communal reservation
- MR Balaji Case 50% cap sacrosanct (breached in EWS reservationtodo )
- gave birth to ‘creamy layer’
- well of section of OBC
- should not get reservation
Exceptions
- certain position only merit
- armed forces, nuclear scientist
- limited reservation in PG medical seats
77th CAA 1995
- reservation of SC/ST in promotions
Recommendations
- policies should focus on expanding employment opportunities
- prioritize enhancing quality and number of edu insti
- constantly evaluate and evolve criteria for backwardness
- i.e. Creamy Layer criteria for OBC
- suggested creamy layer criterias for SC/ST
See also: Reservations for EWS