oppn parties Has The Time Come To Revise The 50 Percent Cap On Reservations?

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
oppn parties
Has The Time Come To Revise The 50 Percent Cap On Reservations?

By Sunil Garodia
First publised on 2021-03-10 06:51:15

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Reservation, as in affirmative action to provide succor to communities that were historically discriminated against or otherwise deprived of their rightful claim to the benefits of various government schemes, was capped at 50% by a 9-judge constitutional bench in the Indira Shawney case in 1992. Now, the Supreme Court has decided to revisit that judgment in the light of various constitutional amendments and changed social dynamics in these 29 years. Although it is expected that laws will evolve with time and become better though either legislative or judicial intervention, reservation is a tricky matter and anything related to it must be taken up only if it is absolutely necessary and unavoidable and  that too with extreme caution. The 50% cap on reservations considers both the need for affirmative action and the need for merit and equal opportunity. It must not be tampered with only to satisfy the egos of politicians and their machinations to acquire vote banks.

In reservation matters, three main things need to be kept in mind. First, the need for reservation must be viewed in relative terms and not on absolute terms, as has now become the trend. Viewed on relative terms, neither the Marathas nor the Patels nor the Jats need reservation. But the vote-bank politics in India often finds new constituencies and newer ways to provide the ‘benefits’ of reservation to them. On absolute terms many sub-categories in almost all communities will qualify for reservation. That, in effect, will make reservation meaningless.

Second, even if reservation has to be provided to certain categories, it has to be ensured that the benefits accrue to the broad section and not only to a privileged few. For, despite the restriction of creamy layer, it is often seen that the present reservation setup works in the favour of a privileged minority among the beneficiaries. If the benefits do not accrue to the most deprived sections, the exercise becomes meaningless as it does not empower the poor and the deprived but benefits those who do not actually need it. There has to be a mechanism other than the creamy layer to address this issue.

Finally, merit and equal opportunity cannot be fully sacrificed at the altar of affirmative action. For this, the underprivileged must be provided opportunities for bringing themselves up by providing them good and free education from the primary level. Handouts work positively only to a certain extent, it is the confidence acquired through knowledge that works in the long run. Politicians should work to make the underprivileged classes competent enough to compete with the best and secure seats in universities and jobs on merit. It will take time and reservation will have to exist till then, but it is achievable if the political will is there. But if politicians keep pandering to new reservation demands and do not work to improve education levels for the underprivileged, reservation will continue ad infinitum and merit and equal opportunity will continue to suffer.

The 50% cap on reservations considers both the need for affirmative action and the need for merit and equal opportunity. It must not be tampered with only to satisfy the egos of politicians and their machinations to acquire vote banks. The exceptional circumstances, under which the cap can be breached, as prescribed in the Indira Shawney judgment, must truly be exceptional and not contrived. The larger Supreme Court bench that will examine the said judgment and decide whether there is a need to revise the cap must think of these issues along with the need to decide whether the said judgment and other articles in the Constitution impinge upon the rights of the states to enact legislations providing reservation beyond the prescribed limit.