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History · Law · Policy · Commissions · Courts · Constitutional change

A source-first archive of the history, law, policy, commissions, judgments and constitutional developments concerning reservation in India.

PRIMARY TEXTCONSTITUTION
OF INDIA
Article 340 and equality
COMMISSION REPORTMANDAL COMMISSION
REPORT
Second Backward Classes Commission
PUBLIC RECORDOFFICE MEMORANDUM13 AUG 1990
Photo: Indian Constituent Assembly · Public domain · Wikimedia Commons ↗

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Anuradha Tiwari
statement
Primary sourceVerified

Anuradha Tiwari calls for direct government dialogue with RHA Reforms

Anuradha Tiwari draws attention to what she describes as a significant chronology: RHA Reforms presented its demands in Delhi on 25 August, those demands circulated widely on 26 August, and a government communication followed on 27 August containing points she says closely mirrored the movement’s charter. Referring to Harsh Dubey’s released letter of demands, she argues that reproducing similar demands on paper is not a substitute for direct engagement. Her message to the government is that it should open talks with the movement directly, otherwise the agitation will continue.

Attributed claim

Constituent Assembly

Jawaharlal Nehru addressing the Indian Constituent Assembly in 1946

The Constituent Assembly of India first met on 9 December 1946. The meeting began the constitution-making process; it did not itself create a reservation quota. The later Constitution supplied the equality provisions and Article 340 mechanism relevant to backward-classes policy.

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Kaka Kalelkar Commission

Department of Social Justice & Empowerment, Government of IndiaKaka Kalelkar Commission29 January 1953 — 30 March 1955

The First Backward Classes Commission, chaired by Kaka Kalelkar, was appointed on 29 January 1953 under Article 340 and submitted its report on 30 March 1955. It did not create today’s Central 27% OBC quota.

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Mandal Commission

Department of Social Justice & Empowerment, Government of IndiaMandal Commission1 January 1979

The Government of India constituted the Second Backward Classes Commission in 1979 under Article 340, with B. P. Mandal as chair. Creating the commission was an institutional step distinct from its report, submitted in 1980, and from implementation in 1990.

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Mandal Commission Report

Department of Social Justice & Empowerment, Government of IndiaMandal Commission Report31 December 1980

The Second Backward Classes Commission submitted the Mandal Commission Report on 31 December 1980. The report covered identification, evidence and multiple policy recommendations; submission did not itself implement those recommendations.

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13 August 1990 Office Memorandum

Department of Personnel & Training; NCBC reproduction13 August 1990 Office Memorandum13 August 1990

DoPT O.M. No. 36012/31/90-Estt.(SCT) provided for 27% reservation of vacancies in Union civil posts and services for socially and educationally backward classes in direct recruitment. Its effective-date language referred to 7 August 1990, with a qualification for recruitment already initiated.

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Indra Sawhney

Supreme Court of IndiaIndra Sawhney16 November 1992

On 16 November 1992, a nine-judge Constitution Bench decided Indra Sawhney. Relevant holdings include creamy-layer exclusion in the OBC context, an ordinary 50% ceiling principle, and Article 16(4) applying to initial appointment rather than promotion.

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102nd Constitutional Amendment

Parliament House in New Delhi in 1926

The Constitution (102nd Amendment) Act received presidential assent on 11 August 2018. It inserted Articles 338B and 342A and established a constitutional framework concerning the NCBC. It is not the EWS amendment.

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The record continues

Reservation policy, judgments, public data and constitutional developments continue to evolve.

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Seven independently useful records trace a focused path from constitutional history through commissions, government action, judicial review and later constitutional change.

Members of the Indian Constituent Assembly gathered in Constitution Hall in December 1946Parliament House in New Delhi in 1926
Archival context: Constituent Assembly · public domain and Parliament House · National Archives of India / CC0.
official debate transcriptConstituent Assembly9 December 1946
constitutional history

Constituent Assembly

The Constituent Assembly of India first met on 9 December 1946. The meeting began the constitution-making process; it did not itself create a reservation quota. The later Constitution supplied the equality provisions and Article 340 mechanism relevant to backward-classes policy.

VIEW ORIGINAL ↗
official commission report PDFKaka Kalelkar Commission29 January 1953 — 30 March 1955
commission

Kaka Kalelkar Commission

The First Backward Classes Commission, chaired by Kaka Kalelkar, was appointed on 29 January 1953 under Article 340 and submitted its report on 30 March 1955. It did not create today’s Central 27% OBC quota.

VIEW ORIGINAL ↗
official commission-report archiveMandal Commission1 January 1979
commission

Mandal Commission

The Government of India constituted the Second Backward Classes Commission in 1979 under Article 340, with B. P. Mandal as chair. Creating the commission was an institutional step distinct from its report, submitted in 1980, and from implementation in 1990.

VIEW ORIGINAL ↗
official report scanMandal Commission Report31 December 1980
commission report

Mandal Commission Report

The Second Backward Classes Commission submitted the Mandal Commission Report on 31 December 1980. The report covered identification, evidence and multiple policy recommendations; submission did not itself implement those recommendations.

VIEW ORIGINAL ↗
official office memorandum reproduction13 August 1990 Office Memorandum13 August 1990
office memorandum

13 August 1990 Office Memorandum

DoPT O.M. No. 36012/31/90-Estt.(SCT) provided for 27% reservation of vacancies in Union civil posts and services for socially and educationally backward classes in direct recruitment. Its effective-date language referred to 7 August 1990, with a qualification for recruitment already initiated.

VIEW ORIGINAL ↗
official Supreme Court leading-case recordIndra Sawhney16 November 1992
judgment

Indra Sawhney

On 16 November 1992, a nine-judge Constitution Bench decided Indra Sawhney. Relevant holdings include creamy-layer exclusion in the OBC context, an ordinary 50% ceiling principle, and Article 16(4) applying to initial appointment rather than promotion.

VIEW ORIGINAL ↗
official Gazette text102nd Constitutional Amendment11 August 2018
constitutional amendment

102nd Constitutional Amendment

The Constitution (102nd Amendment) Act received presidential assent on 11 August 2018. It inserted Articles 338B and 342A and established a constitutional framework concerning the NCBC. It is not the EWS amendment.

VIEW ORIGINAL ↗
ARCHIVE IN PREPARATIONDOCUMENTING · CONTEXTUALISING
PRESERVING · QUESTIONING
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These seven records are the opening indexed archive. New material will be added only as sources and editorial review allow.

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