Page 30 - LECTURETTE TOPICS eBOOK

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that reservation cannot exceed 50% as it would violate equal access granted by
the constitution. Reservation in most Indian states is at 50%. But there are states
where the quota system exceeds the 50% limit such as in Tamil Nadu. There the
caste based reservation stands at 69% and applies to almost 87% of the
population.

In 1975 the concept of creamy layer was coined during the case of State of Kerela
VS. N M Thomas. The judge said “benefits of the reservation shall be snatched
away by the top creamy layer of the backward class, thus leaving the weakest
among the weak and leaving the fortunate layers to consume the whole cake" In
1992 Indra Sawhneyvs Union of India judgment prescribed 11 indicators to
assess backwardness and established the qualitative exclusion such as the
creamy layer.

Quick Facts:

• Out of 543 seats in India's parliament, 84 (15.47%) are reserved for
SC/Dalits and 47 (8.66%)for ST/Tribes
• In 1953, Kalelkar Commission was established to assess the situation of
the socially and educationally backward class. It made significant
observations but a reservation of 27% was set.
• In central-government funded higher education institutions, 22.5% of
available seats are reserved for Scheduled Caste (SC) and Scheduled
Tribe (ST) students (7.5% for STs, 15% for SCs).
• In Gujarat, 33% of posts are reserved for females in all government
departments and services, such as police, health, education and general
administration.
• In 2012, 25% reservation is provided to the reserved category children in
the Government aided & Private schools under the Right to education act
which was passed earlier by the parliament.
• In January 2016 Government has given 33 percent reservations to women
in all paramilitary forces, including Central Industrial Security Force (CISF)
and Central Reserve Police Force (CRPF).

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