Social Justice & Welfare·Amendments
Reservation and Employment — Amendments
Constitution VerifiedUPSC Verified
Version 1Updated 9 Mar 2026
| Amendment | Year | Description | Impact |
|---|---|---|---|
| N/A (Act Replacement) | 2016 | The Rights of Persons with Disabilities Act, 2016 (RPwD Act 2016) replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This was a comprehensive overhaul rather than a mere amendment. | Significantly expanded the definition of disability from 7 to 21 categories, increased reservation in government jobs from 3% to 4%, introduced 'benchmark disabilities', and aligned Indian law with the UNCRPD, shifting to a rights-based model from a welfare-based one. It also strengthened provisions for non-discrimination, accessibility, and grievance redressal. |
| N/A (Judicial Interpretation) | 2013 | The Supreme Court in *Union of India v. National Federation of the Blind* effectively 'amended' the interpretation of the 1995 Act by mandating 3% reservation in all identified posts, including promotions, and on cadre strength, not just vacancies. | Broadened the scope of reservation under the 1995 Act, forcing a more inclusive approach and paving the way for the explicit provisions in the 2016 Act regarding cadre strength and promotions. It highlighted the judiciary's role in progressive interpretation of social legislation. |
| N/A (Policy Clarification) | 2018 | Department of Personnel & Training (DoPT) O.M. No. 36035/02/2017-Estt (Res) dated 15.01.2018 provided detailed instructions and clarifications for implementing the 4% reservation under the RPwD Act 2016. | Provided operational clarity on how the 4% reservation is to be calculated (on cadre strength), the specific categories of benchmark disabilities, and the roster system, thereby facilitating smoother implementation across government departments. |