Reservation limits: the 50% rule and the creamy layer
In one line
Reservation should generally stay within 50%, and better-off OBC families (the creamy layer) are left out.
What happened
In 1990 the government brought in 27% reservation for OBCs in central jobs, based on the Mandal Commission report. In 1991 it added 10% for economically backward people among the other (forward) castes, including Brahmins. Both were challenged.
What the court decided
- The 27% OBC reservation was upheld, but the creamy layer (better-off OBC families) must be left out.
- Total reservation should normally not go above 50%.
- The 10% quota based only on economic condition was struck down, because the Constitution at that time did not allow reservation on economic grounds alone.
What it means for you
- This is why a constitutional amendment was needed in 2019 to create the EWS quota.
- In 2022 the Supreme Court upheld that EWS quota in Janhit Abhiyan v. Union of India.
- Poorer general-category families, including Brahmins, now have a legal route to reservation through EWS.
Source: Judgment of the Supreme Court of India in Indra Sawhney v. Union of India, decided on 16 Nov 1992.
This summary is general information, not legal advice for your situation. Laws change; talk to an advocate before acting.
