judgment

Indra Sawhney v. Union of India — 1992

Primary source: Supreme Court of India

60-SECOND SUMMARY

What is this record?

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.

  • Nine-judge Constitution Bench
  • Creamy layer in the OBC context
  • Ordinary 50% ceiling principle
  • Article 16(4) and initial appointment
Parliament House in New Delhi in 1926
Parliament House, New Delhi, in 1926. Institutional context; this image does not depict the later record event. National Archives of India via Wikimedia Commons · CC0 / public domain

RECORD PREVIEW

The source at a glance

Supreme Court of IndiaIndra Sawhney & Others v. Union of India & Othersofficial Supreme Court leading-case record · 16 November 1992

Official source linked; no source document is reproduced.

THE DOCUMENT

What This Record Actually Says

  • The nine-judge Constitution Bench decided the case on 16 November 1992.
  • The judgment addressed creamy-layer exclusion for OBC reservation and stated an ordinary 50% ceiling principle.
  • In the relevant holding, Article 16(4) concerned reservation at initial appointment rather than promotion.

CONTEXT

Why It Matters

  • The decision shaped the revised OBC implementation framework and prompted a later constitutional response on reservation in promotion through the 77th Amendment, 1995.

READ WITH CARE

What It Does NOT Say

  • The 50% principle is not accurately described as an absolute universal rule without qualifications.
  • The OBC creamy-layer holding should not be casually generalized to every reservation category.

SOURCE CONNECTIONS

Follow the Record

  1. policy is challenged in the case 13 August 1990 Office Memorandum
  2. judgment leads to revised implementation 1993 revised implementation framework CONTEXT NODE
  3. promotion holding receives a constitutional response 77th Amendment, 1995 / Article 16(4A) CONTEXT NODE

    Constitutional response concerning reservation in promotion.

Each connection is rendered from the archive’s typed canonical relationship data. A chronological connection does not by itself claim legal causation.

BEFORE

What Came Before

13 August 1990 Office Memorandum

NEXT

What Happened Next

1993 revised implementation framework context node

77th Amendment, 1995 / Article 16(4A) context node

CONNECTED EVIDENCE

Connected Records

INQUIRY

Questions Worth Asking

  • How did later legislation and constitutional amendments respond to distinct parts of the judgment?

COMMON CONFUSIONS

Keep Separate

  • Creamy layer, the ceiling principle and promotion are separate holdings that require their own legal context.

EDITORIAL LAYER

Editor's Reading Note

Editorial reading note in preparation.

Reading note in preparation

SOURCE & PROVENANCE

View the Original Record

Indra Sawhney & Others v. Union of India & Others
Supreme Court of India
official Supreme Court leading-case record

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