Promotions, Creamy Layer, and the Reservation Debate

Abstract

The 77th Constitutional amendment was passed to undo the effect of the judgment of a nine-judge Bench of the Supreme Court in Indra Sawhney v. Union of India (1992), wherein it was held that the reservation in promotions is not permissible. However, the subsequent court decisions have diluted the amendment’s effect and have also introduced other restrictions on reservations. This article highlights the flaws, irregularities, constitutional misinterpretation, and inconsistencies in these judgments.

Keywords: Reservation, Creamy layer, Efficiency backwardness, Supreme Court