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International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 9 No. II (2026)pp. 4549–4562

Bridging Gaps to Reinforcing Divides: A Critical Study of India’s Reservation System

AP
Ankit PaulLL.M. Student at Lovely Professional University, India
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Published 19 May 2026 · pp. 4549–4562 · Vol. 9 No. II (2026)
Abstract

The reservation policy in India was introduced as a temporary corrective measure to correct centuries of systematic unjust and unequal treatment of the people belonging to marginalized communities. It was the most ambitious yet debated provision incorporated in the Constitution of India by the makers of the magnificent Constitution.
In recent times, this policy has given birth to many debates: while a large population believes that this policy has worked greatly, its role in expanding access to education, political representation and education has been remarkable, Critics argue that it has created intra-Caste inequalities, an imbalance between meritocracy and social justice, vote bank politics, polarization, creamy-layer abuse and certificate manipulation.
Starting from the Constituent Assembly debates on reservation, focusing on the key arguments from to post- Constitutional provisions to landmark judicial rulings to the various government datasets.
This paper critically examines whether reservations in India continue to function as a device of social justice or whether they have begun reinforcing socio-political divides.
This paper offers a critical analysis combining legal doctrinal study of constitutional provisions and case laws with quantitative analysis of government data and a survey conducted using Google Forms, collecting responses from students & academicians of the Lovely Professional University, the paper examines how the reservation improved access to higher education but there persist underrepresentation of backward communities in public sector and professional roles despite substantial demographic weight, the paper also examines the presence of inter-caste inequalities, imbalance between meritocracy and social justice, socio-political misuse.
The paper come up with recommendations like introduction of creamy layer for SCs and STs category, voluntary renouncing, shift from only caste-based reservation to mixed model caste & economic based reservation, and enforcing stricter documentation & periodic review.

Keywords
ReservationBackward GroupsCasteSocio-PoliticalConstituent AssemblyInequalitiesTemporal NatureMeritocracySub-ClassificationCreamy-LayerIndra SawhneyDavinder SinghJudicial Review
Contents
Full text

INTRODUCTION

The reservation system in India was introduced as a tool for Social Justice; the objective of the reservation System was to ensure representation for “socially and economically backwards” Castes and communities. It was introduced to recognize the historical injustice against the People belonging to backwards groups.

Tracing back to the time of constituent assembly Proceedings and debates, Dr. BR Ambedkar, the chairman & the drafting Committee of the constitution of India, Justified and defended reservations as necessary for the upliftment and safeguarding the backward classes, he nevertheless accepted a 10 year limit, keeping it temporary but reviewable; on the other hand, Sardar Vallabhbhai Patel supported the reservation but warned that they should not divide the unity of the nation, while Jawaharlal Nehru supported affirmative action but expressed concern about meritocracy dilution, advocating a cautious approach.

On December 13, 1946, while presenting his objectives resolution before the constituent assembly, Nehru said that special measures were to be taken in favor of minorities, backwards and tribal areas and depressed and other backwards classes, while Mr. Tajamul Husain strongly opposed reservation believing that it would promote divisions, Similarly, Guptanath Singh criticized Sharply as it would undermine merit-based governance and feared misuse of the ‘backwards classification. After a prolonged heated debate, reservation for the backwards classes was incorporated in the Constitution of India.

The constitution of India, incorporated many Constitutional provisions for the marginalized backwards, be it fundamental Rights and Equality or reservation in public employment or Political representation or special provisions for States.

Starting from Articles 15(4)1, 15(5)2 and 15(6)3 which empowers the state to make special provisions in educational institutions for the disadvantaged groups. Article 16(4) talks about reservation for disadvantaged not adequately represented in public employment. Articles 16(4A)4 and 16(4B)5, provide for reservation in promotions and for carrying over unfilled reserved vacancies. Article 46, directs the state to support the educational or economic interests of the weaker sections. Articles 243D and 243T mandate reservation in panchayats and urban local bodies. Articles 330 and 332 provides reservation in parliament and state assemblies. Article 3346 extends reservations Lok Sabha and state assemblies.

Further, in addition key landmark judicial pronouncement like State of Madras V. Champakam Dorairajan (1951), M.R. Balaji Vs. State of Mysore (1963), Indra Sawhney Vs. Union of India (1992), Janhit Abhiyan Vs. Union of India (2022) and recently Davinder Singh Vs. State of Punjab (2024) have shaped reservation.

This paper explores why even after having so strong constitutional & judicial foundation to uplift the backward, marginalized caste and Communities, why even after 75 years of Independence, the country Could not able to phase out the number of people availing the benefits, or why the demand for the extension of reservation are demanded by the people, the main objective of the Provision was temporary, that with the time people living marginalized will uplift and gradually it will be phased out, but it has expanded over time.

The paper explores why after 75 years of independence the political parties often promise or expand reservations without any data or need for but for political gains, turning reservations into a vote bank tool rather than a policy of justice.

The paper also explores the growing resentment among the general category students and job seekers who feel excluded despite being economically weak.

The paper critically explores the socio-economic impact of reservations, that it is undeniable to acknowledging that the government reports indicate people of marginalized groups have improved in terms of access to education and employment & and political representation but significant inequities persist, especially among the most marginalized within reserved groups.

LITERATURE REVIEW

The literature, Constitutional provisions, landmark judgements, and government reports collectively highlight a Contradiction or dichotomy: reservation has undeniably helped in accessing to education and employment correcting historical injustices, yet it simultaneously reinforced new divides.by highlighting caste Identities and triggering Political mobilization. Critics and key commentators highlight that Govt. reports indicates that while SCs and STs have seen positive representation in education but disparities Persists in higher-level Positions and Private Sector jobs, it has also reinforced caste as a Political identify. The Government data justify the continuation of reservation but also exposes gaps in implementation and Concerns over meritocracy.

Despite rich literature, a research gap exists in examining Whether reservation today is effectively bridging Socio- economic gaps or inadvertently reinforcing social divides. While existing literature focus on legal validity and historical justification, fewer works explore contemporary student & academicians’ perception and ground level realities, which this study attempts to address.

Research Methodology

The Researcher has adopted a mixed-method approach; Combining both qualitative and quantitative methods. On the qualitative Perspective, the researcher has engaged in an in-depth Study of constitutional Provisions, landmark judgments and government data to understand the legal framework and the impact of reservations. In order to collect quantitive data, the researcher used Google Forms to administer a questionnaire survey to fifty (50) students and academicians of the Lovely Professional University.

CRITICAL ANALYSIS AND DISCUSSION:

A. Positive Impact

India’s reservation system is rooted in constitutional provisions and shaped by Several landmark Supreme Court Judgements, have collectively defined affirmative action and the limits of state power:

Constitutional provisions:

It prohibits discrimination based on caste7. It permits the state to implement special measures for the advancement of SCs, STs, and other socially and educationally disadvantaged groups8. Minority-run institutions are exempted; however, it permits reservation for SCs, STs, and OBCs in public and private educational institutions9. It gives the state the authority to create special policies for the advancement of citizens who are economically disadvantaged (EWS), excluding SC, ST, and OBC groups10. It permits a state to set aside positions and/or appointments for underrepresented backward classes in public sector11. Make provisions for carrying over unfilled reserved slots and for reservation in promotions12. It has mandatory reservations for women, SCs and STs in panchayats and urban bodies, it has also reserved for SC and ST seats in parliament and state assemblies. It has also extended reservation for SCs and STs in state assemblies and the Lok Sabha13.

Landmark Judgements

The Apex Court invalidated caste-based reservation in educational institutions in the year 195114.

In another case, the Supreme Court determined that it is unlawful to classify backward classes solely based on caste and that reservation shouldn’t account for more than 50% of available seats15.

The Mandal Commissions recommendation of 27% of reserves for OBCs was confirmed and also extended the 50% maximum on total reservations. It also demanded the exclusion of the creamy layer16.

103rd Constitutional Amendment was upheld by the Supreme Court, that granted 10% reservation to Economically Weaker Section excluding SCs, STs, and OBCs17.

In 2024, the Supreme Court empowered the states that they may create Sub-Classifications within SCs and STs to ensure the most disadvantaged benefit from reservation18.

GOVERNMENT DATASETS AND OFFICIAL REPORTS

Official reports and Government databases show that India’s Reservation system led to significant Upliftment of scheduled castes, scheduled Tribes, and other backwards classes, in education and employment, there is a significant increase among these groups of students in higher education, and also in Labour Force Participation, budget allocation, support schemes and representation.

Education

When India gained Independence in 1947, the literacy rate (overall) was extremely low approximately 12%. The literacy among the lower caste Communities such as SCs and STs, enrollment in Formal education was consequential

due to prevalent untouchability; Caste barriers and social exclusion. The Government report 2011, shows a Positive picture, India’s overall literacy rate rose to 74.04%19. For the scheduled castes, the literacy rate reached 66% and for the scheduled Tribes 59%. This progress reflects the significant impact of the reservation on education.

As per the survey report, under the Ministry of Education, it has depicted a positive comprehensive data on the category-wise student enrollment in higher education institutions across India, the number of students enrolled in scheduled caste category risen to 66.23 lakh in 2021-2022 from 58.95 lakh in 2020-21, Whereas Scheduled Tribe students risen to 27.1 lakh in 2021-22 from 24.12 lakh in 2020-21. And OBC students rose to 13.46 lakh in 2021-22 from 1.48 crore in 2020-2120.

Gross Enrolment has increased to 25.9% in 2021-22 among the Scheduled castes as compared to 23.1 in 2020-21 and 21.2% in 2021-22 among the STs as compared to 18.9% in 2020-21 respectively.

Employment

Annual report of the Periodic Labour Force Survey, conducted by the National Sample Survey, working under the MoSPI21 (2022-23).

Labour Force Participation Rate, Worker Population Ratio, and Unemployment Rate for SCs, STs and OBCs have increased in 2022-23 compared to 2021-22.

2021-2022 LFPR WPR UR 2022- 2023 LFPR WPR UR
SC 49.2 48 2.4 SC 51.6 50.7 1.8
ST 41.2 39.4 4.4 ST 43.2 41.8 3.2
OBC 40.7 39.1 3.9 OBC 42.9 41.5 3.3

Budget Allocation:

The 2025-25 Union Budget allocated significant funds for schemes and upliftment of reserved categories under the Ministry of Social Justice and Employment.

•  Rs. 6,360 crores for post-matric scholarship for the scheduled castes

•  Rs. 577.96 crores for the pre-matric scholarship for SCs and Others.

•  Rs. 2,190 crores for the PM Young Achievers Scholarship Award Scheme (PM YASHSVI) for OBCs, EBCs and Denotified Tribes.

Comparative analysis of budget allocation: –

Government Schemes (2014-15) Budget 2014-2015 (In Rs. Crores) Budget 2025-2026 (In Rs. Crores)
Post-matric scholarship for scheduled castes. 663 6360
Various SC and OBC welfare. 4000+ 20,000+
Welfare and Development of Scheduled Tribes. 4497.96 14,925.81

•  Under PMDAKSH Yojana, Skill development targeted to skill around 2,71,000 SCs, OBCs, EBCs, DNT, Safai Karam Charis over five years 2021-2026 with a budget of Rs. 450.25 Crore.

B. Negative Impact

Reservation as an affirmative action has empowered individuals and families to break the cycles of poverty and exclusion, however, in contemporary times reservation paradoxically perpetuates social divides in the following ways:

1.  Creamy – Layer Misuse: -There have been systematic Instances of People using false OBC non-Creamy-layer Certificates or hiding means of income to claim reservation benefits. It serves as a direct injustice against eligible, economically weaker SC/ST candidates for whom the reservation was designed to help, who lose seats or jobs when ineligible (creamy-layer) candidates take them. This widens the intra-group disparities.

The Indian Express under the Right to Information accessed an official scrutiny between 2010-2019, that lasted 9 years tracked 1,084 complaints of Government jobs being acquired on fake certificates.

In between this, Puja Khedkar’s, high-profile UPSC Certificate controversy hit the screen, where she used forged non- creamy certificates and disability certificates and other identity changes to obtain extra UPSC attempts and a civil services position, The DoPT in September 2024 discharged her from service, Khedkar has challenged the decisions and the matter is pending in court.

In recent times, another story of Poorva Choudhary, UPSC topper hit the OBC Controversy, her cracking of India’s toughest competitive exams unexpectedly turned into online outrage, Police Scrutiny and heated debates.

She found herself at the Centre of a Non-Creamy layer quota debate. Poorva Choudhary, daughter of a Rajasthan Administrative Services officer, was accused of misuse of OBC reservation quota, with Critics questioning whether her family background qualifies her to receive the benefits she received.

These are just a few, that have come to the surface, many go unreported.

2. Intra-group disparities

In recent times, it is visibly seen that the “elite subgroups” or “dominant subgroups” from the SCs, STs and OBCs capture most of the benefits. All these are the results of creamy-layer misuse, elite subgroups affording better Schools, coaching classes and, so their children dominate reserved seats in elite institutions like IITs, IIMs, NLUs, AllMs, UPSC etc. Government reports have sealed the claim:

As per the National Commission for Backward Classes, it has been found that out of 2,600 OBC Sub-castes in India, only 25% communities got 97% of the Central OBC quota jobs and admissions, with just a few OBC castes cornering the benefits22.

Nearly, 983 OBC sub-castes had zero (0) representation in the Central jobs and higher education.

Odisha’s Backward Class Survey, 2023, estimated that 39.3% of the total population belongs to SEBCs, with only 7.9% being graduates or post-graduates, the report has been submitted but has not yet been published, inviting severe criticism.

3. Politicization of identity

Before most of the State elections or the General Union Elections, there have been many documented cases of demands for inclusion of new castes or communities in reservations ahead & elections.

Recently, we can see in Assam, Morans Protesting in demand of Scheduled Tribes, similarly, Koch Rajbonshis, Tai Ahoms are also demanding for scheduled Tribe’s status ahead of the upcoming state assembly election in 2026.

Identical demands were witnessed ahead of Delhi assembly elections in 2025, where the Aam Admi Party, demanded that the Jat community be included in the Central OBC List.

Many critics argue that many of the demands just before elections provide a leverage point. As political parties are more vulnerable to public demands and more likely to make promises.

Such actions further deepen caste identities as political levers, because parties often emphasize caste rather than class or Socio-economic status, caste Identities get hardened.

These decisions have Political implications. Some communities lobby for inclusion, or shifting between categories say from ‘unreserved to OBC’.

4. Resentment among the reserved category

Many within the reserved categories feel that the system disproportionately benefits the relatively creamy-layer, socially influential rather than the most economically or educationally or both disadvantaged. This creates dissatisfaction among the poorer members of the reserved Categories who feel neglected.

Let us take a data on NEET 2025 cutoffs distinguishing between reserved and unreserved to study a clear distinction in qualifying marks which explains how reservation impacts admission merit and reason for growing resentment: –

Category NEET 2025 Qualifying Cutoffs (Marks range out of 720) Qualifying Percentile
General/ EWS 686-144 50th
OBC/SC/ST 143-113 40th

This difference means that students from reserved categories gain eligibility and admission with lower entrance exam scores compared to unreserved candidates. This suggests dilution in meritocracy.

FINDINGS

The responses collected through the questionnaire, and the results are summarized as follows: –

1.  As per the data collected, more than 65% of the people believe that the reservation system has improved employment and educational opportunities for the reserved categories, whereas 25% believe it hasn’t.

2.  50% of the people believe the reservation has contributed to improving the socio-economic Conditions, whereas 26% stood in opposition, and 24% are undecided.

3.  64% of the people believe that people within the same category (SC, ST and OBC) face differences in their socio- economic conditions, whereas 22% disagreed, and 14.9% are undecided.

4.  76% of the people believe that the individuals or families who have already achieved upward mobility should discontinue receiving reservation benefits, whereas 16% disagreed and 8% are undecided.

5.  58% of the people believe that the reservation benefits relatively the wealthier subgroups within marginalized Communities, whereas 14% disagreed and 28% are undecided.

6.  26% of the people believe that the reservation System has fully achieved its original objective, whereas 54% think it has not and 20% are undecided.

7.  73.5% of the People believe that the reservation reinforces caste identities rather than reducing caste-based barriers, whereas 18% stood in opposition, and 8.2% are undecided.

8.  79.6% of the People believe that there is still many marginalized communities and areas that remain underdeveloped.

9.  85.7% of the people consider that the reservation system contributed to the rise a caste-based politics in India.

10.  85.7% the people consider that political parties use reservation promises as a strategy to gain electoral Support.

11.  44% of the people consider that the frequent demands by new communities for inclusion in the reserved list are a misuse of a system; while 34.7% consider it to be a political strategy and 20.4% consider it to be a legitimate demand.

12.  44.9% of the people consider that the reservation list should not be periodically expanded to include new groups demanding Inclusion, while 36.7% consider that it should be expanded and included and 18.4% are undecided.

13.  71.4% of the people think that in Present times, the historically dominant caste groups are seeking reservation benefits, while 10.2% disagree and 18.4% are undecided.

14.  77.1% of the people think that many disadvantaged people remain outside the reservation benefits which reveals limitations in the Policy implementation, while 12.5% disagreed and 10.4% are undecided.

15.  83.3% the people think that there have been instances of misuse of caste certificates for availing reservation benefits.

16.  66.7% of the people think that the creamy layer should be extended to SCs and STs to ensure that the benefits reach the most disadvantaged within the same sub-groups, while 33.3% stood in opposition. 67.3% of the people think that the individuals or families from the reserved categories who are already well- established may voluntarily renounce reservation benefits, while 32.7% stood in opposition.

17.  73.5% of the people think that the reservation benefits should be restricted for families where multiple generations have already availed themselves of government jobs or education.

18.  73.5% of the people think that reservations in education and employment affect merit, efficiency, and competitiveness in elite institutions and government services, while 12.2% disagreed, and 14.3% are undecided.

19.  83% of the people are of the opinion, that the reservation policies reduce opportunities for economically weaker Sections In the reserved category.

20.  85.1% of the people think that an independent commission should be set up to review and evaluate the effectiveness of reservation policies every 10 years.

21.  81.3% of the people think that the reservation policies should be reformed to exclude communities that are relatively advantaged and include those that remain disadvantaged.

22.  79.6% the people think that due to the lack Periodic review of the reservation system, it has negatively affected unreserved categories, while 12.2% disagreed and 8.2% are undecided.

RECOMMENDATIONS

1. Introduction of creamy layer in SCs and STs:

Reservation was a correctional measure to correct the historical injustice against the most impoverished communities of that time by uplifting them. In recent times, many of the people among the SCs and STs have been socially, politically, and economically uplifted; they should be brought under the creamy layer. Many families who have already been uplifted again and again have benefited from reservations to secure jobs and admissions, while the most disadvantaged (those still facing severe caste-based discrimination, poverty, and lack of access) remain underrepresented. Reservations were introduced with the intent to uplift the entire community, but in practice, a small section often reaps repeated benefits. A creamy layer exclusion would stop this cycle.

2. Voluntary renouncement

Socially and economically empowered established elites could set an example by stepping aside voluntarily, helping ensure that the benefits reach the truly marginalized within their caste or tribe, identical to how some people voluntarily forego the LPG subsidy.

3. Stricter documentation and creamy layer exclusion

In recent times, we have witnessed many cases where candidates forged non-creamy layer certificates to claim reservation benefits. To put a stop to such false documentation, the certificates must be transparent, digitized, and Aadhaar-linked, in order to create a centralized verification system to prevent duplication or misuse. Along with caste verification, submission of the family’s income statement, property records, and family occupation details is needed to get the true economic status of beneficiaries.

4. Strengthen education and skill development

The government should improve the quality at the grassroots levels. Without strengthening the foundation of education at the grassroots level, it is next to impossible to bridge the gaps that persist greatly within the same reserved groups. A huge number of students from these disadvantaged and backward castes and communities are dependent on government schools, where they suffer from poor infrastructure, a lack of teachers, and a lack of exposure to modern learning resources. With the improvement of formal education, there is a need to integrate skill development programs for these students from the early stages of learning. Many of these students struggle in the job market due to a lack of practical and employable skills.

5. Periodic review

To make the reservation system more effective, there should be a periodic review by independent commission every 5 years from its commencement to assess how many individuals from marginalized communities have been uplifted through its benefits. Families that have already seen two to three generations successfully secure government jobs through reservation should be brought under the creamy layer category, and shift the focus to the underdeveloped communities, the most disadvantaged, underdeveloped, and backwards communities and areas across the country. This approach would allow focus on them; otherwise, it somehow dilutes affirmative action’s purposes.

CONCLUSION

The reservation system, has been a boon for the marginalized, most disadvantaged, backwards castes and communities, it has played a significant role in bridging gaps and correcting the historical injustices against these castes and communities. The improved literacy, employment and their socio-economic conditions tell volumes about the Success of the reservation system. Although with the Passing time, a question “How long will the reservation benefit the already benefited? This question has arisen, this question has been a topic of debate, with the presence of underdeveloped areas and disadvantaged people, intra-group inequalities, political misuse, tendency to shift from unreserved to OBC, duplicate certification, even after 75 years of India’s independence. India’s approach is more caste-centric, while global trends increasingly move toward socio-economic indicators.

It is very worthy to note, that the perception of resentment among the unreserved students or candidates is not against the reservation system but the benefits of reservation going to the relatively creamy-layer disproportionately, because every seat or job lost due to the misuse of the creamy-layer exclusion results in injustice, undermines the principle of fairness, and raises Serious concerns. Nevertheless, it is worth noting, reservation continues to be the most vital tool of upliftment and empowerment, its true potential can only be realized by strengthening education and skilling at the grassroot level, conducting periodic reviews, and adopting a gradual, data-driven, and inclusive reform strategy to make it a more transformative instrument & empowerment, as it was originally envisioned.

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Footnotes

1. Constitution (First Amendment) Act,1951.

2. Constitution (Ninety-third Amendment) Act,2005.

3. Constitution (One Hundred and Third Amendment) Act,2019.

4. Constitution (Seventy-Seventh Amendment) Act,1995.

5. Constitution (Eighty-First Amendment) Act,2000.

6. Constitution (One Hundred and Fourth Amendment) Act,2020.

7. Constitution of India,1950, art. 15(1).

8. Constitution of India, 1950, art. 15(4).

9. Constitution of India, 1950, art. 15(5).

10. Constitution of India, 1950, art. 15(6).

11. Constitution of India, 1950, art. 16(4).

12. Constitution of India, 1950, art. 16(4AB)

13. Constitution of India, 1950, art. 334.

14. State of Madras v. Champakam Dorairajan, AIR 1951 SC 226.

15. M.R. Balaji v. State of Mysore, AIR 1963 SC 649.

16. Indra Sawhney v. Union of India, AIR 1993 SC 477.

17. Janhit Abhiyan v. Union of India, (2022) 10 SCC 1.

18. Davinder Singh v. State of Punjab, (2020) 8 SCC 1.

19. Office of Registrar General & Census Commissioner, India. (2011). Census of India 2011. Ministry of Home Affairs, Government of India. Retrieved from https://censusindia.gov.in

20. Ministry of Education, Government of India. (2022). All India Survey on Higher Education. Retrieved from https://aishe.gov.in

21. Ministry of Statistics and Programme Implementation. Periodic Labour Force Survey (PLFS) annual report 2021-2022. Government of India. https://mospi.gov.in

22. Government of India. (2021). Report of the Justice Rohini Commission on sub-categorisation of OBCs (Justice G. Rohini Commission Report). Ministry of Social Justice and Empowerment.

How to cite

Ankit Paul, Bridging Gaps to Reinforcing Divides: A Critical Study of India’s Reservation System, 9 Int'l J.L. Mgmt. & Human. 4549 (2026).

Cite this article

Ankit Paul, Bridging Gaps to Reinforcing Divides: A Critical Study of India’s Reservation System, 9 Int'l J.L. Mgmt. & Human. 4549 (2026).
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