Indira Sawhney v. Union of India (1992) – Mandal Commission and Reservation Policy

The Indira Sawhney case examined India’s complex affirmative action policy based on caste-based reservations. It upheld the Mandal Commission’s recommendations to reserve 27% of government jobs for Other Backward Classes (OBCs), but with critical caveats to ensure fairness.

One of the judgment’s key contributions was the creation of the ‘creamy layer’ doctrine, excluding economically advanced members of OBCs from reservation benefits to prevent misuse. The court also capped total reservations at 50%, balancing social justice with merit-based opportunities.

This ruling shaped the legal contours of reservation in India, influencing employment, education, and political representation policies. It attempted to reconcile historical injustices with constitutional equality, a balancing act that continues to evolve.

Mullick & Co. Advocates understands the nuanced legal challenges of reservation policies and advises organizations and individuals on compliance, representation rights, and constitutional safeguards in a socially diverse India.