Name of the Case : Indra Sawhney vs. Union of India
Year of Judgement : 1992
Popular Name : MandaI case
Related Topic/ Issue : Reservation for OBCs in government jobs
Related Article/ Schedule : 16
Supreme Court Judgement:
- Validated the executive order providing 27% reservation of jobs to OBCs under Article 16(4), with conditions like exclusion of creamy layer, no reservation in promotions, maximum reservation not exceeding 50%, 50% ceiling on reservation in backlog vacancies, and no relaxation in qualifying marks for promotions.
- Invalidated another executive order providing 10% additional reservation of jobs for economically backward sections not covered by existing reservation schemes.
Impact of the Judgement:
- Appointment of the Ram Nandan Committee to identify the creamy layer among OBCs.
- Establishment of the statutory National Commission for BCs to address complaints regarding under-inclusion, over-inclusion, or non-inclusion of any class of citizens in the list of BCs.
- Later, the 102nd Amendment Act, 2018 conferred a constitutional status on the commission and also enlarged its functions. For this purpose, the amendment inserted a new Article 338B in the constitution.
Enactment of five amendment acts:
- 76th Amendment Act, 1994: Placed the Tamil Nadu reservation act in the Ninth Schedule.
- 77th Amendment Act, 1995: Nullified the ruling on reservation in promotions.
- 81st Amendment Act, 2000: Nullified the ruling on backlog vacancies.
- 82nd Amendment Act, 2000: Provided relaxations in qualifying marks and standards of evaluation for reservation in promotions.
- 85th Amendment Act, 2001: Provided for consequential seniority in promotion by virtue of the rule of reservation for SCs and STs.
66th [RE] BPSC
Q. Supreme Court's judgement of Indra Sawhney Vs Union of India Case is related to which issue?
A. Regarding the issue of OBC reservation in Government employment
B. Approve the reservation on promotion of SC
C. Extended reservation for ST
D. None of the above
