CURRENT AFFAIRS | 23 MAY 2026
The Supreme Court has triggered the next chapter in India’s long-running reservation jurisprudence — asking whether candidates who have already climbed the socio-economic ladder via reservation should continue to claim its benefits. Quoting Indra Sawhney, M. Nagaraj and Jarnail Singh, the bench has called for affidavits from the Centre and States. For CLAT 2027, this puts Article 16(4), 16(4A), 16(4B), Article 335 and the creamy-layer doctrine squarely back in the spotlight.
Constitutional Framework
- Article 16(4): Enables reservation in public employment for any backward class not adequately represented.
- Article 16(4A): Inserted by 77th Constitutional Amendment, 1995 — reservation in promotions for SC/ST. 85th Amendment (2001) added consequential seniority.
- Article 16(4B): Inserted by 81st Amendment, 2000 — carry-forward of unfilled reserved vacancies, breaking the 50% rule for that year.
- Article 335: Claims of SC/ST to be considered consistent with efficiency of administration.
- Indra Sawhney (1992): 50% ceiling on total reservations; creamy-layer exclusion for OBCs.
- M. Nagaraj (2006): Validity of 77th + 85th Amendments; quantifiable-data tests for promotional reservation.
- Jarnail Singh (2018): Extended creamy layer to SC/ST in promotions; modified Nagaraj’s quantifiable-data requirement.
- Janhit Abhiyan (2022): Upheld 103rd Amendment (10% EWS reservation).
CLAT Angle
- Reservation is one of the highest-frequency Polity-Legal topics — expect direct MCQs on amendment articles and judgments.
- Distinguish between vertical (SC/ST/OBC/EWS) and horizontal (women, PwD) reservation.
- Latest twist — creamy layer within SC/ST — is being actively litigated (August 2024 ruling).
- Frequently tested combos: 50% rule + Indra Sawhney + Nagaraj + Jarnail Singh.
Key Cases & Amendments — Quick Table
| Year / Case | Ratio |
|---|---|
| Indra Sawhney (1992) | 50% ceiling + creamy layer for OBCs |
| 77th Amendment (1995) | Art 16(4A) — promotion reservation SC/ST |
| 81st Amendment (2000) | Art 16(4B) — carry-forward |
| 85th Amendment (2001) | Consequential seniority in promotions |
| M. Nagaraj (2006) | Conditions for promotional reservation |
| Jarnail Singh (2018) | Creamy layer extended to SC/ST in promotions |
| 103rd Amendment (2019) | 10% EWS reservation |
| Janhit Abhiyan (2022) | EWS upheld 3:2 |
Mnemonic — NICE-J
Nagaraj (2006) · Indra Sawhney (1992) · Creamy layer (originally OBC) · EWS-Janhit (2022) · Jarnail Singh (2018).
Five anchors that cover every Article 16 MCQ you will see.
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