Reservation & the Constitution — Key Articles
Reservation in India is not created by one single law — it flows from specific Articles of the Constitution. Below is a plain-language guide to the Articles that matter most, each linking to a full deep-dive where one exists on this site.
Core equality & reservation Articles
Equality before law
Guarantees every person equality before the law and equal protection of the laws within India. Reservation is treated by courts as a reasonable classification under this guarantee, not an exception to it. Read the full Article 14 explainer →
Prohibition of discrimination, with special provisions
Article 15(1) bars discrimination on grounds of religion, race, caste, sex or place of birth. Article 15(4) (added 1951) and 15(5) (added 2005) allow the State to make special provisions for socially and educationally backward classes, SCs and STs in education. Article 15(6) (added 2019) added the 10% EWS provision.
Equality of opportunity in public employment
Article 16(4) allows reservation in public employment for backward classes not adequately represented in state services. Article 16(4A) (1995) extended this to promotions; Article 16(6) (2019) added the 10% EWS employment quota.
Abolition of untouchability
Declares untouchability abolished and its practice in any form forbidden — the historical justification underlying SC reservation. Read the full Article 17 explainer →
Directive Principle on educational & economic interests
Directs the State to promote the educational and economic interests of SCs, STs and other weaker sections, and to protect them from social injustice and exploitation. Read the full Article 46 explainer →
Reservation of seats in legislatures
Article 330 and 332 reserve seats for SCs and STs in the Lok Sabha and state assemblies. Article 334A, inserted by the 106th Amendment (2023), provides for one-third reservation for women, linked to the delimitation process after the next Census.
Claims of SCs/STs to services, and Commissions
Article 335 requires that SC/ST claims be considered "consistently with the maintenance of efficiency of administration." Articles 338 and 338A establish the National Commissions for SCs and STs. Article 342 governs how communities are notified as Scheduled Tribes.
Definitions
Defines "Scheduled Castes" and "Scheduled Tribes" for the purposes of the Constitution.
Related deep-dives on this site
Frequently Asked Questions
Which Article of the Constitution allows reservation in jobs?
Article 16(4) allows the State to reserve public employment posts for backward classes it considers not adequately represented in state services.
Which Article allows reservation in education?
Article 15(4) and 15(5) allow special provisions, including reservation, for socially and educationally backward classes, SCs and STs in educational institutions.
Which Article created the EWS quota?
Articles 15(6) and 16(6), inserted by the Constitution (103rd Amendment) Act, 2019, created the 10% Economically Weaker Sections reservation.
What does Article 335 say about reservation?
Article 335 says that SC/ST claims to services and posts must be taken into account consistently with the maintenance of efficiency of administration.
Is reservation itself a fundamental right?
No court has held reservation to be a fundamental right that must be granted — it is an enabling provision that lets the State provide for it, subject to conditions like the 50% ceiling set out in Indra Sawhney (1992).
