Reservations Exceeding 50%

Tamil Nadu is the only state providing reservation in education and jobs up to 69% right from 1980. After the apex court’s 1992 judgment in Indra Sawhney case, the Tamil Nadu Assembly passed an act in 1993 comprehensively laying down its reservation policy, which again reiterated a total reservation of 69% seats in education and employment for SCs, STs and Backward Classes. This act was then included in the 9th Schedule by Parliament via the 76th Amendment in 1994.

However, in a 2012 judgment (SV Joshi v Union of India) the Supreme Court clarified that the Tamil Nadu legislation was not beyond judicial review, and asked the Tamil Nadu government to place “quantifiable data” before the State Backward Class Commission justifying the need for its expanded quota (the Tamil Nadu government has repeatedly cited its 87% population of Backward Classes as justification). However, a final decision is yet to be given in the case by the apex court.

A similar law was passed by Karnataka in 1994, but the Supreme Court ordered a stay on its operation. In 2008 the Orissa Assembly had enacted a law that raised its reservation quota to 66%, but it was struck down by the Orissa Administrative Tribunal in 2013.