"Vertical Reservation" & "Horizontal Reservation" Explained Based On Supreme Court Judgments

There are two types of mechanisms used for providing the benefit of reservations to the reserved classes i.e., Vertical Reservation and Horizontal Reservation. Explaining the concept of Vertical and Horizontal Reservation, the Supreme Court in Indra Sawhney's case held that when a reservation is made in favor of Scheduled Castes (SCs), Scheduled Tribes (STs), and other backward classes (OBCs) under Article 16(4), it may be called as vertical reservations whereas when a reservation is made in favor of special category such woman, persons with disability, etc. under Article 16(1), then it may be called as a horizontal reservation. In other words, the Social reservations in favor of SC, ST, and OBC under Article 16(4) are “vertical reservations”. Special reservations in favour of physically handicapped persons, women, etc. under Articles 16(1) or 15(3) are “horizontal reservations” which cut across vertically to provide reservations to certain special categories. The Court in Indra Sawhney said that, unlike vertical reservation where out of the total seats, a certain number of seats is fixed for each category, in horizontal reservation, a certain number of seats are fixed from the total seats for a special category like women, PWD, etc. which becomes inter-transferable amongst the categories mentioned vertically. “Suppose 3% of the vacancies are reserved in favour of physically handicapped persons (being a horizontal reservation); this would be a reservation relatable to clause (1) of Article 16. The persons selected against this quota will be placed in the appropriate category; if he belongs to SC category he will be placed in that quota by making necessary adjustments; similarly, if he belongs to open competition (OC) category, he will be placed in that category by making necessary adjustments. Even after providing for these horizontal reservations, the percentage of reservations in favour of backward class of citizens remains — and should remain — the same.”, the court explained in Indra Sawhney. How Vertical Reservation Works? In the case of Rajesh Kumar Daria Vs. Rajasthan Public Service Commission reported in (2007) 8 SCC 785, the Supreme Court explained the working of the vertical reservation. The Court said that if the person belonging to the reserved category is eligible to be appointed in the open category then his number will not be counted against the quota reserved for the respective Class. For example, if the number of SC candidates, who by their own merit, get selected to open competition vacancies, equals or even exceeds the percentage of posts reserved for SC candidates, it cannot be said that the reservation quota for SCs has been filled. The Court clarified that the aforesaid mechanism would only work for the vertical reservation and not for the horizontal reservation. “Where a special reservation for women (horizontal) is provided within the social reservation for Scheduled Castes, the proper procedure is first to fill up the quota for Scheduled Castes in order of merit and then find out the number of candidates among them who belong to the special reservation group of “Scheduled Caste women”. If the number of women in such list is equal to or more than the number of special reservation quota, then there is no need for further selection towards the special reservation quota. Only if there is any shortfall, the requisite number of Scheduled Caste women shall have to be taken by deleting the corresponding number of candidates from the bottom of the list relating to Scheduled Castes. To this extent, horizontal (special) reservation differs from vertical (social) reservation. Thus, women selected on merit within the vertical reservation quota will be counted against the horizontal reservation for women.”, the court clarified. The mode of working of the vertical reservation can be understood better with an example: Suppose there are 10 posts reserved for SC candidates, with a quota of 2 for SC women. First, 10 SC candidates must be selected based on merit from the eligible pool. If this list includes 2 SC women, no further changes are needed. However, if the list includes only 1 SC woman, an additional SC woman must be included based on merit. To accommodate this, candidates from the bottom of the list will be removed, ensuring that the final selection of 10 SC candidates includes 2 SC women. Now, the question appears what if the list of 10 SC candidates contains more than two women candidates, selected on their own merit, will they continue in the list? The court answered that all of them would continue on the list and there was no question of deleting the excess woman candidates on the ground that “SC women” had been selected in excess of the prescribed internal quota of two. How Horizontal Reservation Works? As stated the main beneficiaries of the horizontal reservation are women, PWD, transgender community, veterans, etc where a certain number of seats are reserved for...

"Vertical Reservation" & "Horizontal Reservation" Explained Based On Supreme Court Judgments

Yash Mittal

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