Reservation > 50%
CA Database
Supreme Court's Stance on Reservation
- Historical Perspective (1963 - MR Balaji Case):
- Reservation viewed as an exception.
- Established that reservations should not exceed 50% of total seats or posts.
- Developments Post-1976:
- Supreme Court recognized reservations as a facet of equality, not merely an exception.
- Upheld in the nine-bench Mandal Commission case (1993).
- Reaffirmed the 50% limit, but acknowledged possible exceptions in exceptional circumstances.
Current Scenario and Exceptions
- 103rd Constitutional Amendment (Recent Ruling):
- Allows for 10% additional reservation for the Economically Weaker Sections (EWS).
- This means the 50% limit applies only to non-EWS categories.
- States permitted to reserve a total of 60% of seats or posts, including EWS reservation.
- State-Specific Reservations Exceeding 50%:
- Chhattisgarh: 72% (excluding EWS).
- Tamil Nadu: 69%, protected under the 9th Schedule via the 1994 Act.
- Arunachal Pradesh, Meghalaya, Mizoram, and Nagaland: 80% each.
- Lakshadweep: 100% reservation for Scheduled Tribes.
Controversies and Legal Challenges
- Struck Down Attempts:
- Attempts by Maharashtra and Rajasthan to exceed the limit have been struck down.
- Ongoing Developments:
- Bihar is attempting to implement 75% reservation, including 10% for EWS.
This format organizes the information clearly, categorizing the Supreme Court's historical and current stance on reservations, detailing state-specific cases, and highlighting ongoing legal challenges and developments.