INDRA SAWHNEY V. UNION OF INDIA

Shubhangika Anand 0



 INTRODUCTION

Indra Sawhney is the landmark case in India, which is also known as Mandal verdict/Mandal commission case. In which, Mandal commission’s recommendation of 27% reservation for OBC in all central government jobs and public institutions was challenged.


In this article we will discuss this case law in more detail.

Court – Supreme Court of India
Full case name – Indra Sawhney and Ors. v. Union of India
Citation – AIR 1993 SC 477
Judges sitting – C.J. M.H. Kania, J. M.N.        Venkatachaliah, J. S.R. Pandian, Dr. T.K. Thommen
Date of judgement – 17th November, 1992
Ratio of decision – 6:3


FACTS OF THE CASE

Mandal Commission was established in January 1979, by P.M. Morarji Desai of Janata Dal party, which was 2nd backward Class Commission for backward classes under the leadership of Sir BP Mandal. The Mandal Commission submitted its final report in December 8, 1980 with the recommendation on how to advance SEBCs. And it was also mentioned that, there are total castes in India which comes under SEBCs.
And they recommend 27% reservation of OBC category.

As there was already 22.5% of reservation was existed for SCs and STs and then additional 10% of reservation added for EWS category by Narsimha Rao’s government, which fueled up the situation various protests and violence was practiced all over the India and then the PIL was filed against the reservation in 1991.


ISSUES RAISED

1. Whether caste can form the basis of a distinct class, and whether economic criteria alone can be used to define a class.
2. Whether Article 16(4) of the Constitution of India is an exception to Article 16(1), and whether it exhaustively defines the rights of reservation.
3. Whether Article 16(4) allows for the classification of “Backward Classes” into Backward Classes and Most Backward Classes or whether it permits classification among them based on economic or other considerations.


ARGUMENT

PETITIONER’S ARGUMENT
• Mandal commission is based on caste, which shows discrimination, and it is a violation of Article 14 of India Constitution.
• They argued that reservation based on caste is promoting to discriminate and divide the society in forward and backward class.
• The reservation was provided to OBCs was on the basis of old census of 1931 and not the latest census.


RESPONDENT ARGUMENT
• They argued that, Mandal commission report was necessary to uplift the backward class of the society. They also said that it will improve the social and economic conditions of the society, which will helps in the development of backward classes and development of the country as well.
• They criticized the allegation of the petitioner, which is that, the report of Mandal commission was based on old census was baseless. As they uses both the census, in which from old census they collect the data from which they incorporates a country-wide in social and educational field survey and 1961 census data, particularly for identifying tribal and indigenous groups.


JUDGEMENT

The Indra Sawhney case, or the Mandal Commission case, was a landmark decision given by the Supreme Court of India in 1992 concerning reservations in public employment and educational institutions based on caste. The court upheld that the reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), with the caveat that the total reservation should not exceed 50%. It emphasized that reservations should address social and educational backwardness, not merely economic criteria, and it also held compulsion of exclusion of the creamy layer among OBCs from reservation benefits. 

CONCLUSION

The conclusion of the Indra Sawhney case, commonly known as the Mandal Commission case, reaffirmed the principle that reservations based on social and educational backwardness are constitutionally valid under certain conditions. It emphasized the need for a balanced approach to affirmative action, ensuring equitable opportunities while maintaining the efficiency and excellence of public services. This landmark judgment continues to shape policies on reservations and social justice in India.



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