Discuss the scope of special provisions for Backward Classes and the test to determine Backward Classes. Discuss the difference in the scope of provisions under Articles 15(4) and 16 (4).

Implementation Examples

Telangana’s BC-A to BC-E categorisation and its 2024 caste survey illustrate empirical identification of backward classes for state reservations, linking constitutional provisions to policy. Proposals to raise BC quotas beyond the 50% ceiling, however, face judicial scrutiny.

Judicial Criteria

The Supreme Court’s triple test in K. Krishnamurthy (2010) and Vikas Kishanrao Gawali (2021), and Indra Sawhney (1992) before it, require empirical commission reports (e.g., Kalelkar, Mandal, Backward Classes Commission1) to identify backwardness, emphasizing social and educational factors over pure economic status.

Broader Coverage under Article 16(4)

Article 16(4) includes SCs, STs, OBCs, and other backward groups, allowing wider reservation in public employment than Article 15(4). This broader scope permits inclusion of groups not covered under Article 15(4).

Distinct Language and Focus

Article 15(4) targets “socially and educationally backward classes” for education and social access; Article 16(4) uses “backward class of citizens” broadly for public employment reservation. This reflects their different functional domains.

Judicial Interpretation

Courts affirm Article 16(4) as exhaustive for employment reservations but allow other affirmative actions under Article 16(1); Article 15(4) is more restrictive and focused on social and educational upliftment.