Thursday, 5 June 2025

The Constitutional Tightrope: 85% Job Reservations for Ladakh’s Indigenous Population & Article 16 — Constitutional Provision Under Scrutiny

Supreme Court Criticism on SARFAESI Interference by High Courts
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Ladakh Government Jobs Reservation




In June 2025, the Government of India introduced the Union Territory of Ladakh Reservation (Amendment) Regulation, 2025, triggering a constitutional debate across the country. The regulation provides for 85% reservation in government jobs for local residents of Ladakh. While the objective is to preserve employment opportunities for Ladakh’s native population, this move raises a crucial legal question:

Can such a high percentage of reservation stand the test of the Constitution, especially when the Supreme Court has consistently held that reservation in public employment cannot exceed 50%?

Let’s examine the legal foundation of this debate, tracing the landmark judgments, constitutional exceptions, and where Ladakh stands in this framework.

The 50% Cap: Origin and Legal Standing

The 50% reservation ceiling stems from the historic case of Indra Sawhney v. Union of India (1992), better known as the Mandal Commission Case. The Supreme Court ruled that reservation in public employment under Article 16(4) must be capped at 50%, except in extraordinary situations, which must be supported by quantifiable data. The ruling emphasized that:

"Reservation is not a tool for proportional representation, but a measure to ensure adequate representation of backward classes."

This 50% limit has since become a constitutional benchmark, upheld in multiple decisions over the years.


Key Judgments That Reinforced the Reservation Cap in Constitutional Law: A Chronological Analysis

1. State of Madras v. Champakam Dorairajan  (1951) – [AIR 1951 SC 226]

  • Issue: Whether caste-based reservations in educational institutions violated Article 15(1) of the Constitution.
  • Observation: The Supreme Court struck down the Communal G.O. as unconstitutional, holding that Article 15(1) prohibits discrimination solely on the basis of caste, even for admission to educational institutions.
  • Significance: Led to the First Constitutional Amendment, which inserted Article 15(4) to empower the State to make special provisions for socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes.

2. T. Devadasan v. Union of India (1964) – [AIR 1964 SC 179]

  • Issue: Validity of the “carry forward” rule in reservations.
  • Ruling: The Supreme Court held that while reservations are permissible, the “carry forward” rule cannot result in excessive reservation that breaches the 50% limit.
    • Early warning against reservation overriding merit.
    • Foreshadowed later principles in Indra Sawhney.

3. State of Kerala v. N.M. Thomas   (1976) – [AIR 1976 SC 490]

  • Issue: Whether promotions based on reservation violated Article 16.
  • Observation: The Court allowed for some flexibility, holding that equality does not mean treating unequals equally.
  • Significance: Did not set any numerical limit but laid the philosophical groundwork for affirmative action.

4. Indra Sawhney v. Union of India (1992) – [AIR 1993 SC 477] – The Mandal Case

  • Facts: Challenged the 27% OBC reservation based on the Mandal Commission.
  • Holding: 50% ceiling on reservations in public employment; the cap can be exceeded only in “extraordinary circumstances” with quantifiable data; no reservation in promotions.
  • Legal Basis: Articles 16(1) and 16(4).
  • This remains the foundational precedent on reservation limits.

Before 1992, the government granted reservations in both appointments and promotions for SC/ST employees in public sector jobs. However, in Indra Sawhney v. Union of India (1992), a nine-judge Supreme Court bench ruled that Article 16(4) permits reservation only in initial appointments, not in promotions. This ended promotion quotas for OBCs and prompted a constitutional amendment. Parliament responded with the 77th Constitutional Amendment (1995), inserting Article 16(4A), which allows the State to provide reservation in promotions with consequential seniority for SCs and STs who are inadequately represented in public services. OBCs are excluded.The Supreme Court upheld Article 16(4A) in M. Nagaraj v. Union of India (2006) but imposed three conditions for implementing reservation in promotions under Article 16(4A) which we will see next.

5. M. Nagaraj v. Union of India (2006) – [AIR 2007 SC 71]

  • Issue: Reservation in promotions for SCs/STs via constitutional amendments.
  • Ruling: Parliament can amend the Constitution to allow for promotions with reservation. However, This case lays down the rule of the Compelling Necessity Test, also known as the Three-Pronged Test or Triplet Test, as it requires the State to establish three distinct conditions before granting reservations in promotions under Article 16(4A):
    • Backwardness of the SC/ST group — supported by quantifiable data
    • Inadequacy of representation in public services
    • Maintenance of efficiency in administration, as mandated by Article 335.
    50% cap reaffirmed.
    The Court, letter in Jarnail Singh v. Lachhmi Narain Gupta (2018), partially modified the Compelling Necessity Test laid down here.

6. Jarnail Singh v. Lachhmi Narain Gupta (2018) – [(2018) 10 SCC 396]

  • Issue: Whether the conditions laid down in M. Nagaraj (2006) for reservation in promotions required reconsideration.
  • Ruling: The Supreme Court upheld reservation in promotions under Article 16(4A) but modified the M. Nagaraj ruling.
    • Backwardness data is no longer needed — it is presumed for SCs/STs under Articles 341 and 342.
    • States must still collect quantifiable data to prove:
      • Inadequacy of representation in public services, and
      • That efficiency in administration (Article 335) is not compromised.
    • Allowed exclusion of the 'creamy layer' among SCs/STs in promotions.
    • Reduced the M. Nagaraj triplet test to a two-pronged test post this judgment.
      1. Inadequacy of representation – must be shown with data
      2. Administrative efficiency – must be safeguarded as per Article 335

7. Dr. Jaishri Laxmanrao Patil v. Chief Minister, Maharashtra (2021) – Maratha Reservation Case

  • Issue: Constitutionality of the Maharashtra SEBC Act, 2018, which granted 16% reservation to Marathas in education and public employment.
  • High Court Ruling: In 2019, the Bombay High Court upheld the Act but reduced the quota to 12% in education and 13% in jobs.
  • Supreme Court Verdict (2021): A five-judge Constitution Bench struck down the law. Key findings included:
    • The Maratha community is not extraordinarily backward to warrant breaching the 50% reservation ceiling.
    • Only the President, not states, can identify SEBCs after the 102nd Constitutional Amendment (2018).
    • The Bombay High Court’s judgment was ruled unconstitutional.
  • Significance: Reaffirmed that exceeding the 50% cap on reservations requires rare and exceptional circumstances.

Constitutional and Legal Principles Involved

  • Indra Sawhney (1992): Capped reservations at 50%, unless justified by exceptional circumstances.
  • 102nd Constitutional Amendment (2018): Gave power to the President, with NCBC's recommendation, to identify SEBCs, curbing states’ role.
  • Articles 14 & 16: Guarantee Right to Equality and Equal Opportunity in public employment.

Current Status (as of 2025)

  • Maratha reservation under SEBC stands struck down.
  • The Maharashtra government is exploring alternative mechanisms:
    • Commissioned a new Sage Report (2023) to reassess the socio-economic condition of Marathas.
    • Considering inclusion under the 10% EWS (Economically Weaker Sections) quota.
    • Initiating constitutional amendment efforts to restore states' power to recognize SEBCs independently.

Exceptions to the 50% Rule – Do They Exist?


Yes, but they are rare, constitutionally shielded, and narrowly interpreted. For example, the states of Telangana and Andhra Pradesh enjoy protections under Article 371D, which permits local area reservations—even going up to 80%—to address regional disparities. Similarly, Tamil Nadu has a reservation quota of 69%, which survives due to a state law placed in the Ninth Schedule of the Constitution. This placement limits judicial review, although the Supreme Court has held that even Ninth Schedule laws can be struck down if they violate the Constitution’s basic structure.

In the Northeastern states like Nagaland and Mizoram, Articles 371A and 371G provide special constitutional safeguards to protect customary laws, land ownership, and cultural practices. These safeguards allow the states to craft unique legal and administrative frameworks, including on issues like public employment.

Jammu & Kashmir, before the abrogation of Article 370 in 2019, had the authority to define “permanent residents” and reserve jobs accordingly.

Below is a summary of key exceptions to the reservation policy: :

Exception Legal Basis Validity
Telangana & Andhra Pradesh Article 371D (local area reservation up to 80%) Constitutionally protected
Tamil Nadu (69%) TN Act placed in Schedule IX Protected unless struck down
NE States like Nagaland, Mizoram Articles 371A, 371G Valid for cultural and customary protection
Jammu & Kashmir (before 2019) Had special status under Article 370 Now repealed

Note: In contrast, Ladakh has not yet been granted Article 371-like protection or Schedule IX status, making its 85% reservation especially vulnerable to constitutional scrutiny.

Ladakh does not have any special constitutional protection. It is not covered under Article 371, nor is its reservation law included in the Ninth Schedule. This makes its 85% reservation vulnerable to legal challenges, lacking the safeguards other states enjoy.

While reservation policies are essential for social justice, the Constitution allows only a few well-defined exceptions. These are strictly interpreted to ensure the core purpose—uplifting disadvantaged groups—is preserved.


Ladakh's 85% Quota – A Legal Grey Zone


The new regulation in Ladakh derives authority from Article 240, which empowers the President to make regulations for Union Territories without legislatures. However, Article 240 cannot override fundamental rights or constitutional limits set by the Supreme Court, particularly the 50% reservation ceiling.

Unless the government can:

  • Justify the 85% quota through quantifiable data proving extraordinary local circumstances,
  • Grant special constitutional status to Ladakh through a new provision (like Article 371), or
  • Place the law under the Ninth Schedule,

It is likely that the regulation will face strong constitutional objections and may be struck down by the courts if challenged.

Final Thoughts: Equity vs Constitutionality

Ladakh’s unique geography, demography, and ecological sensitivities make a strong case for local safeguards. However, reservation policies must operate within constitutional limits, and the 85% quota appears to breach the well-established 50% cap.

In essence, what’s politically desirable must also be legally sustainable. If Ladakh’s reservation policy is to survive, it will require either a constitutional amendment or judicial recognition of exceptional circumstances—both of which are not currently in place.

We end today’s legal journey here. Stay tuned for next week’s insight into a pivotal case that continues to shape our legal landscape.


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— Anupama

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Written by: Anupama Singh | Legal Blogger
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