Social Justice & Welfare·Amendments

OBC Reservation Policy — Amendments

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Version 1Updated 9 Mar 2026
AmendmentYearDescriptionImpact
1st Constitutional Amendment Act1951Inserted Article 15(4), empowering the State to make special provisions for the advancement of socially and educationally backward classes, SCs, and STs. This was a direct response to the Madras High Court's ruling in Champakam Dorairajan case.Provided the foundational constitutional basis for affirmative action, including future OBC reservations, by creating an exception to the fundamental right to equality and non-discrimination.
102nd Constitutional Amendment Act2018Inserted Articles 338B and 342A. Article 338B granted constitutional status to the National Commission for Backward Classes (NCBC), outlining its powers and functions. Article 342A empowered the President to specify socially and educationally backward classes in relation to a state or union territory, and Parliament to include or exclude from the Central List.Elevated NCBC to a constitutional body, strengthening its role in safeguarding OBC interests. Centralized the power to identify OBCs for the Central List, reducing state autonomy in this specific aspect, though states retain power for their own lists.
103rd Constitutional Amendment Act2019Introduced 10% reservation for Economically Weaker Sections (EWS) in admissions to educational institutions and government jobs. This reservation is based purely on economic criteria and is in addition to the existing reservations for SC, ST, and OBCs.While not directly amending OBC reservation, it significantly altered the broader reservation landscape by introducing an economic criterion for reservation, distinct from the social and educational backwardness criteria for OBCs. It pushed the total reservation beyond 50% for the first time at the central level, opening new debates.
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