Equality, Affirmative Action and Public Employment Provisions

The Constitution balances formal equality with corrective action to address historical exclusion and ensure fair representation in public employment. Articles 14, 15 and 16 form the core framework for equality, affirmative action and reservation in state services.

Constitutional Framework for Public Employment

• Article 16(1) and 16(2): Guarantee equality of opportunity in matters of public employment and prohibit discrimination on grounds of religion, race, caste, sex, descent, place of birth or residence.
• Article 16(4): Enables reservation in appointments for any backward class of citizens not adequately represented in state services.
• Article 16(4A): Permits reservation in promotion for Scheduled Castes and Scheduled Tribes, subject to the constitutional scheme.
• Article 16(4B): Provides for carrying forward unfilled reserved vacancies so that backlog vacancies can be treated separately.
• Article 335: Requires that the claims of SCs and STs in services be considered consistently with the maintenance of administrative efficiency.
• Articles 341 and 342: Empower the President to specify the lists of Scheduled Castes and Scheduled Tribes for each State and Union Territory.

Landmark Judicial Pronouncements on Reservations

• Indra Sawhney v. Union of India (1992): Upheld OBC reservations, imposed a general 50% cap on total reservations, and excluded the creamy layer from OBC benefits.
• Indra Sawhney v. Union of India (1992): Also held that reservations in promotions are not permitted under the general constitutional framework, except where specifically provided later by amendment.
• M. Nagaraj v. Union of India (2006): Upheld reservation in promotion for SCs and STs, subject to constitutional conditions including backwardness, inadequacy of representation and administrative efficiency.
• Jarnail Singh v. Lachhmi Narain Gupta (2018): Relaxed the requirement of collecting quantifiable data on backwardness for SCs and STs and extended the creamy layer principle in the context of promotions.

Sub-classification and Creamy Layer Policy

• The sub-classification doctrine: In State of Punjab v. Davinder Singh (2024), a seven-judge Constitution Bench held that sub-classification within SCs and STs is constitutionally valid.
• Effect on earlier law: The ruling overruled the 2004 E.V. Chinnaiah judgment, which had treated Scheduled Castes as a homogeneous class.
• State-level implementation: Telangana enacted the Telangana Scheduled Castes (Rationalisation of Reservations) Act, 2025, after the Justice Shameem Akther Commission recommended a framework for 59 SC groups.
• Andhra Pradesh measure: Andhra Pradesh also moved ahead with a Scheduled Castes (Sub-classification) Ordinance and rules in April 2025.
• Creamy layer debate: The Union Government has opposed applying the creamy layer exclusion to SCs and STs, arguing that these reservations address caste-based discrimination and not only economic disadvantage.

Procedural Fairness and Identity-Based Protections

• OBC creamy layer criteria: In Union of India v. Rohith Nathan (2026), the Supreme Court held that parental salary or income alone cannot determine creamy-layer status for OBC candidates whose parents work in PSUs or the private sector.
• Merit migration rule: A reserved-category candidate who secures marks above the general cut-off without using any relaxation must be placed in the open category at the initial stage.
• Internal judiciary quotas: The Supreme Court introduced a 15% quota for SC employees and a 7.5% quota for ST employees in administrative posts, using a 200-point roster system.
• Transgender rights: In Jane Kaushik v. Union of India (2025), the Supreme Court held that workplace discrimination based on gender identity violates Articles 14, 15, 16 and 21.
• Equal opportunity policy: The Court ordered an advisory committee under retired Justice Asha Menon to frame a binding model Equal Opportunity Policy for transgender persons across public and private sectors.

Key Prelims Takeaways

• Article 16 core rule: Equality of opportunity in public employment is the constitutional starting point; reservation is an enabling exception within defined limits.
• Promotion reservations: Articles 16(4A) and 16(4B) support promotion quotas and carry-forward of backlog vacancies for SCs and STs.
• Article 335: Administrative efficiency remains a relevant constitutional consideration while implementing SC/ST claims in services.
• Indra Sawhney principle: OBC reservations are linked to the creamy layer exclusion and a broad 50% ceiling on total reservations.
• Davinder Singh ruling: States can sub-classify SCs and STs for more targeted reservation, but not exclude any sub-caste entirely.
• Creamy layer distinction: The creamy layer rule is settled for OBCs; its application to SCs and STs remains contested and formally opposed by the Union Government.
• Merit and reservation: A reserved candidate who qualifies on open merit is counted in the unreserved list, preserving reserved seats for others.