Why this matters now
Indra Sawhney is the most-cited reservation case in Indian law. Tested for: the Mandal Commission backdrop, V.P. Singh’s 1990 OM, the 50% cap, the creamy-layer doctrine, the economic-criteria struck-down ruling, and the recent 103rd Amendment / Janhit Abhiyan 2022 breaching the 50% cap for EWS.
Mandal + V.P. Singh OM
The B.P. Mandal Commission (Second Backward Classes Commission) submitted its report in December 1980 recommending 27% reservation for Socially & Educationally Backward Classes (SEBC) in government jobs and higher education. The report lay dormant for a decade. PM V.P. Singh implemented it through an Office Memorandum (OM) on 13 August 1990 — sparking the “Mandal agitation”. A separate OM by Narasimha Rao Government on 25 September 1991 added 10% reservation for the economically weaker among the upper castes.
Both OMs were challenged in the SC.
The 9-judge verdict
The 9-judge bench delivered six separate opinions on 16 November 1992. Operative conclusions (6:3 broadly):
- 27% OBC reservation in government services is constitutional; backward classes can be identified by social and educational backwardness (caste being one indicator, but not the only one).
- Creamy layer must be excluded from OBC reservation — the “advanced sections” among OBCs. Justice R.M. Sahai on this point.
- Total reservation cannot exceed 50% in normal circumstances — the “Indra Sawhney Cap”. Exception only in extraordinary circumstances.
- Reservation in promotions struck down — only at entry level. (This was reversed by 77th Amendment 1995 reintroducing reservation in promotions for SC/ST, and 81st Amendment 2000 on carry-forward).
- Economic-criteria-only reservation STRUCK DOWN — backwardness must be socio-educational, not purely economic. (This was eventually undone by 103rd Amendment 2019 for EWS, upheld in Janhit Abhiyan 2022.)
- A permanent body to identify the backward classes should be constituted — led to the National Commission for Backward Classes Act 1993.
Creamy layer — the income criteria
The Government notified the creamy-layer income limit. As of 2023, the limit is Rs 8 lakh per annum family income (excluding salary and agricultural income from family income calculation). The Ram Singh v. Union of India (2015) reaffirmed that “Jats are NOT a Socially & Educationally Backward Class” under Indra Sawhney standards.
UPSC angle
Know Indra Sawhney v. Union of India 1992 (Mandal Commission Case) — 9-judge bench 16 Nov 1992, 6 separate opinions, broadly 6:3; challenge to V.P. Singh OM 13 Aug 1990 (27% OBC reservation per Mandal Commission Dec 1980) + Narasimha Rao OM 25 Sept 1991 (10% economic-criteria); UPHELD 27% OBC; CREAMY LAYER MUST BE EXCLUDED (Justice R.M. Sahai); 50% TOTAL RESERVATION CAP; struck down reservation in promotions (later reversed by 77th Amendment 1995 + 81st 2000); STRUCK DOWN economic-criteria-only reservation (later undone for EWS by 103rd Amendment 2019, UPHELD Janhit Abhiyan 2022); led to NCBC Act 1993; creamy-layer income now Rs 8 lakh family income.
Frequently asked questions
What is the “50% cap”?
Total reservation in government services and higher education cannot exceed 50% except in extraordinary circumstances — set in Indra Sawhney 1992.
What is the creamy layer?
The advanced (richer/more educated) sections among OBCs who must be excluded from the 27% reservation. Income limit currently Rs 8 lakh family income.
Did Indra Sawhney allow economic-criteria reservation?
No — it struck down Narasimha Rao’s 10% economic-criteria OM. The 103rd Amendment 2019 reintroduced 10% EWS reservation, breaching the 50% cap; upheld 3:2 in Janhit Abhiyan 2022.
Did Indra Sawhney allow reservation in promotions?
No — only at entry level. The 77th Amendment 1995 restored reservation in promotions for SC/ST.