Reservation Act — What Actually Creates Reservation in India

People often search for "the Reservation Act" expecting a single law — there isn't one. India's reservation system rests on Articles 15, 16 and 46 of the Constitution, brought to life through a series of Constitutional Amendments and a small number of standalone statutes. Below is the real, chronological list.

Constitutional Amendments that built the reservation system

1951 — Constitution (First Amendment) Act

Inserted Article 15(4)

Enabled the State to make special provisions for socially and educationally backward classes, SCs and STs, after the Supreme Court's ruling in State of Madras v. Champakam Dorairajan (1951) had struck down a Madras government reservation order for violating Article 15.

1995 — Constitution (77th Amendment) Act

Inserted Article 16(4A)

Allowed the State to provide reservation in matters of promotion for SC/ST employees, responding to the Supreme Court's earlier ruling in Indra Sawhney (1992) that had barred reservation in promotions.

2000 — Constitution (81st Amendment) Act

Inserted Article 16(4B)

Allowed unfilled SC/ST reserved vacancies carried forward from earlier years to be treated as a separate class, not counted against the 50% ceiling on reservation in the year they are filled.

2001 — Constitution (85th Amendment) Act

Consequential seniority

Gave SC/ST employees promoted via reservation "consequential seniority" — i.e., seniority counted from the date of promotion under the reserved quota, not just the reservation itself.

2018 — Constitution (102nd Amendment) Act

Inserted Articles 338B and 342A

Gave the National Commission for Backward Classes (NCBC) constitutional status and created a process for the President to notify a Central List of socially and educationally backward classes (SEBCs).

2019 — Constitution (103rd Amendment) Act

Inserted Articles 15(6) and 16(6)

Created the 10% EWS (Economically Weaker Sections) reservation in education and public employment, for citizens not already covered by SC/ST/OBC reservation. Upheld by the Supreme Court in Janhit Abhiyan v. Union of India (2022).

2021 — Constitution (105th Amendment) Act

Restored states' power over OBC lists

Introduced in Parliament as the 127th Amendment Bill, this restored states' and UTs' power to prepare their own lists of socially and educationally backward classes, after the Supreme Court's 2021 Maratha-reservation ruling had suggested only the Centre could do so.

Standalone statutes (not Constitutional Amendments)

2006

Central Educational Institutions (Reservation in Admission) Act, 2006

Provides 27% reservation for OBCs in central higher-education institutions (IITs, IIMs, central universities), in addition to existing SC/ST reservation. Upheld by the Supreme Court in Ashoka Kumar Thakur v. Union of India (2008), which also confirmed the "creamy layer" exclusion for OBCs.

Often confused with reservation law: The SC/ST (Prevention of Atrocities) Act, 1989 is a separate criminal law that punishes atrocities against SC/ST individuals — it does not create or govern any employment or education quota, and is not part of the reservation system described above.

RHA's position: Reservation Hatao Andolan's Manifesto argues that this patchwork of amendments — now totalling 59.5% reservation nationally before state-level top-ups — has grown well beyond what Indra Sawhney (1992) originally capped at 50%, and calls for a transparent, time-bound review of the whole framework rather than further incremental amendments. Read the full demands in the RHA Manifesto.

Reservation Act — Frequently Asked Questions

Is there a single 'Reservation Act' in India?

No. Unlike a single codified law, reservation in India is created through a combination of Constitutional Articles (mainly 15, 16 and 46), several Constitutional Amendment Acts, and specific statutes like the Central Educational Institutions (Reservation in Admission) Act, 2006. There is no one master 'Reservation Act' that covers everything.

Which Constitutional Amendment introduced reservation for backward classes?

The Constitution (First Amendment) Act, 1951 inserted Article 15(4), enabling the State to make special provisions for the advancement of socially and educationally backward classes, SCs and STs — this followed the Supreme Court's decision in State of Madras v. Champakam Dorairajan (1951).

Which Amendment allowed reservation in promotions?

The Constitution (77th Amendment) Act, 1995 inserted Article 16(4A), allowing reservation in promotion for SC/ST employees. The 85th Amendment Act, 2001 further allowed 'consequential seniority' for promoted SC/ST employees.

Which law created the 10% EWS reservation?

The Constitution (103rd Amendment) Act, 2019 inserted Articles 15(6) and 16(6), creating a 10% reservation for Economically Weaker Sections (EWS) in education and public employment, on top of existing SC/ST/OBC reservation.

Which Act covers OBC reservation in central universities and IITs?

The Central Educational Institutions (Reservation in Admission) Act, 2006 provides 27% reservation for OBCs in central higher educational institutions, alongside existing SC/ST reservation. Its validity was upheld by the Supreme Court in Ashoka Kumar Thakur v. Union of India (2008).

Which recent Amendment restored states' power over OBC lists?

The Constitution (One Hundred and Fifth Amendment) Act, 2021 — introduced in Parliament as the 127th Amendment Bill — restored the power of states and Union Territories to prepare their own lists of socially and educationally backward classes, after a 2021 Supreme Court ruling in the Maratha reservation case had cast doubt on it.