Equity or Arithmetic? Future of Affirmative Action in the Light of Caste Census 2027

Sheenam Gupta and Parth Aggarwal

Volume 15 Issue 2

The recent nationwide caste census announcement by India’s ruling party marks a significant juncture in the country’s socio political discourse. This upcoming data collection, the first comprehensive enumeration in decades, has come up after fervent demands from opposition parties and activist groups, rallying behind the slogan “jitni abadi utna haq” (rights proportional to population) — a move some may argue is mere political mobilisation or a fixation on numbers. This article examines the permissibility, practicality and necessity of this contemporary demand, primarily through the lens of judicial precedents established by the Supreme Court of India. The focus narrows down to two pressing questions that have been central to the constitutional discourse on reservations: the foundational and often contentious (a) distinction between proportional representation and adequate representation and (b) the debate surrounding judicially imposed 50% reservation ceiling. Through a close analysis of landmark judgments rendered by the Apex Court, this research seeks to determine whether or not the call for proportional reservation truly aligns with, and more importantly, is even permissible under, India’s established constitutional principles. The article interrogates the judicial interpretations that have historically sought to balance the objective of compensatory discrimination with the fundamental right to equality. It further explores how updated empirical data from a census might reshape future policy action, particularly in light of the judiciary’s ongoing insistence on concrete evidence to bolster the effectiveness of affirmative action. Lastly, this article aims to assess the feasibility of achieving proportionality on a purely numerical basis, ultimately contributing to a wider discussion on whether the census can provide the data and the impetus for policies that address the root causes of inequality and lead to a genuine, measurable improvement in the lives of marginalised communities.

Sheenam Gupta and Parth Agarwal, Equity or Arithmetic? Future of Affirmative Action in the Light of Caste Census 2027, (2026) 15(2) NLIU L. Rev. 167.