Indra Sawhney v. Union of India (1992) 3 SCC 217
- In the Indra Sawhney judgment (1992), the Court upheld the government’s move and proclaimed that the advanced sections among the OBCs (i.e, the creamy layer) must be excluded from the list of beneficiaries of reservation. It also held that the concept of creamy layer must be excluded for SCs & STs.
- The Indra Sawhney verdict also held there would be reservation only in initial appointments and not promotions.
- The Supreme Court in the judgement also capped the reservation quota at 50%.
But the government through this amendment introduced Article 16(4A) to the Constitution, empowering the state to make provisions for reservation in matters of promotion to SC/ST employees if the state feels they are not adequately represented.
