Caste and reservation: the 50% ceiling and the count

The structural picture, with the numbers

India reserves a fixed share of central public-sector jobs and government-aided educational seats for defined categories: 15% for Scheduled Castes, 7.5% for Scheduled Tribes, 27% for Other Backward Classes, and a further 10% for economically weaker sections added in 2019 (Wikipedia, “Reservation in India”, https://en.wikipedia.org/wiki/Reservation_in_India). Because the EWS quota sits outside the SC/ST/OBC pool, central reservation now totals roughly 60% on paper, which is the single fact that turns the ceiling from settled arithmetic into a live dispute. The constitutional basis sits in Articles 15(4) and 16(4), which permit special provisions for socially and educationally backward classes and for SCs and STs; Article 15(5), added in 2005, extends this into educational institutions; and Articles 341 and 342, which let the President specify the listed communities (same source).

The categories are not self-declaring. SC and ST lists are fixed by presidential order under Articles 341 and 342 and can be amended only by Parliament; the OBC central list is maintained through the National Commission for Backward Classes, with inclusion resting on the “socially and educationally backward” test. The “creamy layer” doctrine — introduced in Indra Sawhney and applied through an income and status threshold — bars the better-off within OBC groups from the benefit (Wikipedia, “Indra Sawhney and Others v. Union of India”, https://en.wikipedia.org/wiki/Indra_Sawhney_and_Others_v._Union_of_India). The 27% OBC quota itself traces to the Second Backward Classes (Mandal) Commission, constituted in 1979, whose recommendation was implemented for central services in 1990 (Wikipedia, “Reservation in India”).

The institutions and data systems

The system runs on a division of institutional labour. The Ministry of Social Justice and Empowerment is the nodal department for SC and OBC welfare and the scholarship and finance schemes that surround reservation; the Ministry of Tribal Affairs holds the Scheduled Tribes; and job-reservation rosters in central services are administered by the Department of Personnel and Training. The welfare footprint is large and growing: the Department of Social Justice and Empowerment reported its highest-ever expenditure, about Rs 11,810 crore, in FY 2025-26 (Press Information Bureau, https://www.pib.gov.in/PressReleasePage.aspx?PRID=2249066&reg=3&lang=2). On the employment side the reservation targets are being met in aggregate for Scheduled Castes: the ministry told the Lok Sabha in August 2026 that SC representation in central government services stood at 17.14% on 1 January 2026, against the 15% quota, while noting that caste-wise representation within the SC category is not maintained centrally (Press Information Bureau, https://www.pib.gov.in/newsite/erelcontent.aspx?relid=293006&reg=3&lang=1).

Guarding the categories are three constitutional commissions: the National Commission for Scheduled Castes under Article 338, the National Commission for Scheduled Tribes under Article 338A, and the National Commission for Backward Classes, which the 102nd Amendment of 2018 raised from a statutory body to a constitutional one under a new Article 338B, with Article 342A vesting the listing of backward classes in the President and Parliament (Wikipedia, “One Hundred and Second Amendment”, https://en.wikipedia.org/wiki/One_Hundred_and_Second_Amendment_of_the_Constitution_of_India). The measurement layer is the census, run by the Registrar General under the Ministry of Home Affairs. India’s decennial census has not enumerated caste beyond SC and ST since 1931, and the Socio-Economic and Caste Census of 2011 collected caste data whose caste tables were never released for use (Wikipedia, “Caste census”, https://en.wikipedia.org/wiki/Caste_census). Population shares are therefore uneven in their reliability: the 2011 census puts SCs at roughly 16.6% and STs at about 8.6% of the population, while the size of the OBC population is estimated rather than counted — the empirical hole every side of the debate points at (same source; “Reservation in India”).

The 50% ceiling and how the courts police it

In Indra Sawhney v. Union of India (1992) a nine-judge bench held that total reservation should not ordinarily exceed 50% save in extraordinary circumstances, a figure that has anchored every subsequent dispute (Wikipedia, “Indra Sawhney”). The courts have since applied it in both directions. In M. Nagaraj v. Union of India (2006) the Supreme Court permitted reservation in promotions for SCs and STs but conditioned it on demonstrated backwardness, inadequacy of representation and administrative efficiency (Wikipedia, “M. Nagaraj v. Union of India”, https://en.wikipedia.org/wiki/M._Nagaraj_v._Union_of_India). In 2021, in Jaishri Laxmanrao Patil, the Court struck down Maharashtra’s Maratha reservation for breaching the 50% limit and declined to refer Indra Sawhney to a larger bench, finding no extraordinary circumstances (Wikipedia, “Maratha reservation”, https://en.wikipedia.org/wiki/Maratha_reservation).

The ceiling was formally pierced not by a state but by the Union. The Constitution (103rd Amendment) Act, 2019 created the 10% EWS quota outside the SC, ST and OBC categories. In Janhit Abhiyan v. Union of India, decided on 7 November 2022, a five-judge bench upheld the amendment 3:2, the majority reasoning that an economic-criterion quota was a permissible classification and the dissent objecting to the exclusion of SC, ST and OBC groups from EWS (Wikipedia, “Janhit Abhiyan v. Union of India”, https://en.wikipedia.org/wiki/Janhit_Abhiyan_v._Union_of_India). Because the EWS quota is judicially blessed yet sits above 50%, the ceiling now governs state quotas but not the central total — an asymmetry that is itself part of the contest. The Union’s stated position is unchanged: in August 2026 it told the Lok Sabha that EWS reservation, enabled by Articles 15(6) and 16(6), is meant for economically weaker persons not covered by SC, ST or SEBC quotas and that no proposal to amend the EWS provisions is under consideration (Press Information Bureau, https://www.pib.gov.in/newsite/erelcontent.aspx?relid=292822&reg=3&lang=1).

The states moved first, and the national count follows

Ahead of any national exercise two states ran their own caste surveys and turned the results toward policy. Bihar conducted a caste-based survey in 2022-23 and released it on 2 October 2023; on the strength of that data the legislature raised reservation for backward classes, extremely backward classes, SCs and STs from 50% to 65%, which with the 10% EWS quota reached 75% (Wikipedia, “2022 Bihar Caste-Based Survey”, https://en.wikipedia.org/wiki/2022_Bihar_Caste-Based_Survey). The Patna High Court struck the increase down on 20 June 2024 and the matter was carried to the Supreme Court, putting squarely before it the question of whether survey-backed data can justify crossing the Indra Sawhney ceiling (Supreme Court Observer, https://www.scobserver.in/journal/what-is-the-bihar-governments-65-percent-reservation-quota-challenge-in-the-supreme-court/). Telangana released its own 2024 caste survey on 3 February 2025, reporting backward classes at about 56% of the surveyed population and moving toward a 42% backward- class reservation in local-body elections (Wikipedia, “2024 Telangana Social Educational Employment Economic Caste Survey”, https://en.wikipedia.org/wiki/2024_Telangana_Social_Educational_Employment_Economic_Caste_Survey).

At the national level, the Cabinet Committee on Political Affairs decided on 30 April 2025 to enumerate caste for all groups in the forthcoming census, and the Registrar General notified the census in the Gazette on 16 June 2025 with a reference date of 1 March 2027 (with 1 October 2026 for Ladakh and snow-bound areas), caste to be recorded in the population-enumeration phase — the first full caste count since 1931 (Wikipedia, “2027 census of India”, https://en.wikipedia.org/wiki/2027_census_of_India; “Caste census”). The census runs in two phases. House-listing ran from April to September 2026 and was complete in 31 states and Union Territories by mid-August. Population enumeration, which carries the caste question, was notified for 1-30 September 2026 (with a revisional round on 1-5 October) in Ladakh and the snow-bound areas of Jammu and Kashmir, Himachal Pradesh and Uttarakhand, and is due in February 2027 for the rest of India (Press Information Bureau, https://www.pib.gov.in/PressReleasePage.aspx?PRID=2298340&reg=3&lang=1). Until the new counts are published, the Union’s caste-wise SC data remain those of Census 2011, and it told Parliament in August 2026 that no separate national survey of caste-wise SC status was under consideration (PIB, https://www.pib.gov.in/newsite/erelcontent.aspx?relid=293006&reg=3&lang=1).

Settled versus contested

What is settled: the constitutional basis of reservation; the central shares of 15/7.5/27/10; the creamy-layer exclusion within OBC; the constitutional status of the three commissions; and that the 2027 census has been designed to record caste for all groups for the first time since 1931, with its first enumeration round scheduled in snow-bound areas in September 2026. What is contested is the ceiling and the data. Supporters of a caste census — including several opposition parties and some governing-coalition allies — argue that precise caste-wise counts are a precondition for rationally targeting welfare and reservation, and some argue the 50% ceiling should be revisited once the numbers exist (Oxford Human Rights Hub, https://ohrh.law.ox.ac.uk/how-a-caste-census-could-transform-indias-reservation-policies/; “Caste census”). Cautionary voices contend that enumeration may harden caste identities, that it is administratively fraught, and that individual reservation benefits still depend on separately verified caste certificates rather than a census tally (Wikipedia, “2027 census of India”). The unresolved legal question — whether survey data can justify quotas above 50% — sits with the Supreme Court in the Bihar case.

Who owns this topic (and why we are here)

Public understanding of reservation and the caste census is split between exam- preparation explainers (Vajiram & Ravi, Drishti IAS, Testbook), encyclopedia pages, and specialist legal trackers such as the Supreme Court Observer and PRS Legislative Research. The explainers flatten a live, contested institutional story into a static syllabus entry; the legal trackers cover the litigation cleanly but in isolation from the welfare machinery and the data systems. IndiaStand’s structural advantage is to hold the institution, the numbers and the litigation in one place: we track the Ministry of Social Justice and Empowerment (/ministry/ministry-social-justice) as a seat of power, tie each reservation share to the judgment that fixed its ceiling (/theme/judiciary), tie the caste count to the Registrar General under the Ministry of Home Affairs (/ministry/ministry-home-affairs) and the wider statistical apparatus (/ministry/ministry-statistics), and attribute every number to a primary or reference source, keeping the state of play current as the census phases and the Bihar litigation move.

Maintained topic brief. Analysis by IndiaStand - it characterises the state of play and the range of positions actually held, attributes each claim, and makes no forecast and no recommendation.