Why in the News?
Recently, for the first time ever, the Supreme Court of India has introduced a reservation policy for Scheduled Castes (SCs) and Scheduled Tribes (STs) in hiring and promoting its non-judicial staff, such as assistants and attendants.
What is the importance of the Supreme Court’s internal reservation policy?
- Bridges the Gap Between Principle and Practice: For decades, the Court had delivered landmark judgments on affirmative action, but hadn’t applied those standards to its own staff. Eg: Judgments like Indra Sawhney and M. Nagaraj shaped national reservation policy, but internal implementation lagged until the 2025 reform.
- Promotes Social Inclusion Within the Judiciary: By providing 15% reservation for SCs and 7.5% for STs in administrative posts, the Court ensures better representation of marginalised communities within its own ecosystem. Eg: Of the 1,280 reserved posts, the majority are for junior assistants and attendants, opening real job opportunities for disadvantaged groups.
Why was the Court late in applying affirmative action to its staff?
- Lack of Leadership Will: The implementation was delayed due to the absence of decisive leadership within the Court to prioritise internal reforms. Eg: It took Chief Justice B.R. Gavai, the second Dalit CJI in the Court’s history, to initiate the reform in 2025, showing how transformational leadership can overcome systemic inertia.
- Contradiction Between Principle and Practice: Despite supporting reservations through judgments like Indra Sawhney and M. Nagaraj, the Court did not extend similar benefits to its own non-judicial staff until now.
- Institutional Inertia and Exceptionalism: For nearly three decades since R.K. Sabharwal v State of Punjab (1995), the Court’s inaction on internal reservations reflected a reluctance to challenge status quo. Eg: While government departments and many High Courts had implemented SC/ST quotas, the Supreme Court remained an exception, showcasing negative exceptionalism despite advocating for equality externally.
How have previous rulings influenced India’s reservation system?
- R.K. Sabharwal (1995): Shifted the system from vacancy-based to post-based rosters to prevent exceeding the 50% quota cap.
- M. Nagaraj (2006): Upheld reservation in promotions but required data on backwardness and administrative efficiency.
- Jarnail Singh (2018): Removed the need to prove backwardness again for SCs/STs already listed.
- Davinder Singh (2024): Allowed sub-classification within SCs/STs, affirming substantive equality over formal equality.
Who led the push for reservation reform in the Supreme Court?
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What challenges lie ahead in expanding the reservation to other groups?
- Legal Ambiguity: Extension of reservations to OBCs, PwDs, and others lacks clear policy frameworks and quota specifications. Eg: The July 2025 Gazette mentions new categories but no defined implementation.
- Institutional Inertia: Bureaucratic delays and reluctance to change slow down the adoption of new reservation measures. Eg: It took decades after R.K. Sabharwal (1995) to implement SC/ST reservations.
- Balancing Equity and Efficiency: Concerns over merit and administrative efficiency may resist expansion of affirmative action. Eg: M. Nagaraj (2006) required data on backwardness and efficiency, which may be hard to apply internally.
Way forward:
- Institutionalise Inclusive Policies: Finalise and implement a comprehensive reservation framework within the Supreme Court, ensuring clarity, transparency, and consistency with government norms for SCs, STs, OBCs, PwDs, and other eligible groups.
- Strengthen Monitoring and Accountability: Establish a diversity oversight mechanism within the judiciary to track representation, address grievances, and ensure timely implementation of reservation provisions.
Mains PYQ:
[UPSC 2024] Despite comprehensive policies for equity and social justice, underprivileged sections are not yet getting the full benefits of affirmative action envisaged by the Constitution. Comment.
Linkage: The concept of “affirmative action,” which is the foundation for reservation policies in India. The Supreme Court has been instrumental in shaping the contours of affirmative action through its landmark judgments over the years.
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