Indra Sawhney v. Union of India (AIR 1993 SC 477)

• Is Article 16(4) an exception to Article 16(1), or a part of it?
• Is the classification mainly by caste, or by economy?
• Are “backward classes” in Article 16(4) the same as SEBCs in Article 15(4)?

• Article 16(1), 16(4), 15(4), 340(1) of the Constitution are key.
• 16(4) is an instance of allowed classification under 16(1), not a narrow exception.
• Backwardness is primarily social; education and economy reflect that social base.
• Economic-only reservation in jobs (then) not permitted under 16(1)/16(4).
• Creamy layer must be excluded from OBC benefits.

The Supreme Court (6:3) upheld 27% reservation for OBCs in public employment, with priority for the poorer sections within OBCs. It struck down a separate 10% quota for economically backward among higher castes. The Court clarified that 16(4) is not an exception to 16(1); it is a specific method of classification permitted by 16(1). It required the exclusion of the creamy layer from OBC benefits.

Backward class in Article 16(4) means mainly socially backward groups; their educational and economic weakness flows from social status. 16(4) is a tool within 16(1) to reach equality of opportunity. Purely economic reservation (then) not allowed under 16(1)/16(4). Creamy layer must be filtered out so benefits reach the truly backward.

• Set the constitutional roadmap for OBC reservation and exclusions.
• Balanced equality of opportunity with social justice goals.
• Shaped later rulings on creamy layer and reservation design.

1. 27% OBC quota upheld; economic-only quota (10%) for higher castes struck down.
2. 16(4) is part of 16(1)’s equality design, not a narrow exception.
3. Backwardness = mainly social; creamy layer excluded.

Mnemonic: “SEE = Social, Exclude creamy, Equality via 16(4)”

• Social: Backwardness is mainly social.
• Exclude creamy: Filter out the well-off OBCs.
• Equality via 16(4): It’s a method within 16(1), not an exception.

Backward Classes (Art. 16(4))

Groups that are mainly socially backward, causing educational and economic disadvantage.

Creamy Layer

Relatively well-off members of OBCs who are excluded from reservation benefits.

Reservation

Special seats/posts set aside to improve real equality of opportunity.

Reviewed by The Law Easy