Recently, the Supreme Court asked the Union Government why meritorious Persons with Disabilities (PwDs) who clear the general category cut-off are not shifted to the unreserved list, leaving reserved seats for others. 

About Recent Supreme Court’s Observations

• Upward Mobility Principle: The Bench noted that denying such upward mobility defeats the purpose of reservation under the Rights of Persons with Disabilities (RPwD) Act, 2016.
• Hostile Discrimination: The Court noted that OBC/SC/ST candidates are granted upward movement on merit, but PwDs are not, creating “hostile discrimination”.
• Purpose of Reservation: Reservation is meant to mainstream PwDs, not to restrict them to fixed seats.
• Lens of Diversity: Disability must be seen not as a deficit, but as a test of inclusivity of legal and institutional frameworks.
• Project Ability Empowerment: The SC also initiated “Project Ability Empowerment”, entrusting eight National Law Universities (NLUs) to conduct a nationwide monitoring of care institutions housing persons with cognitive disabilities.

Current Status of Disability Representation in India

• Legal Mandate vs Reality: 4% quota under RPwD Act, 2016, but only ~1.1% in jobs.
• Employment (2022): 21,874 PwDs in Central Ministries (1.15%).
• By Groups:
  • Group A – 1%
  • Group B – 1.53%
  • Group C (non-Safai Karmachari) – 1.1%
  • Group C (Safai Karmachari) – 1.93% (highest)
• Slow Growth: From 2011 to 2022, PwD employee strength rose marginally from 15,747 to 22,000, remaining well below the mandated 4% quota.
• Structural Barrier: Less than 40% of PwDs in India possess a Disability ID, making it difficult for many to access reservation benefits.

Legal Framework in India

• Rights of Persons with Disabilities (RPwD) Act, 2016:
  • The Rights of Persons with Disabilities (RPwD) Act, 2016 was enacted to align India’s disability laws with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
    • India ratified UNCRPD in 2007. 
  • RPwD Act aims to ensure the rights, equality, and inclusion of persons with disabilities in all aspects of life.
  • The 2016 Act replaced the earlier Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

Key Features of the RPwD Act, 2016

• Expanded Definition of Disability: The Act increased the number of recognized disabilities from 7 (in the 1995 Act) to 21.
  • It also allows the central government to notify other disabilities in the future.
• Reservation in Employment and Education: The Act mandates 4% reservation for persons with disabilities in government jobs and 5% reservation in higher education institutions.
• Accessibility: It requires public buildings, transport systems, and information and communication technologies to be made accessible to persons with disabilities.
• Social Security and Health: The Act provides for social security measures, including financial assistance, insurance, and pension schemes for persons with disabilities.
• National and State Boards: The Act establishes Central and State Advisory Boards to monitor and advise on the implementation of the law.

Significance of Upward Mobility

• Persistent Underrepresentation: PwDs remain grossly underrepresented in Central government employment despite legal provisions.
• Skewed Representation in Higher Positions: PwDs are concentrated in lower categories with negligible presence in senior roles.
• Judicial Concern on Discrimination: The Supreme Court flagged the absence of parity with other reserved categories.
  • OBC, SC, and ST candidates who qualify on merit are shifted to the general category, but PwDs are denied this upward movement, amounting to what the Court called “hostile discrimination.”
• Constitutional Equality: Denying upward mobility undermines Articles 14, 15, and 16, which guarantee equality and equal opportunity, as well as Article 21, which safeguards dignity. 
• Quota Effectiveness: Without upward mobility, the increased quota under RPwD Act remains underutilised.
  • Despite raising reservation from 3% to 4% in 2016, actual representation has stagnated at around 1%, showing that policy intent is not translating into outcomes.
• Social Justice Mandate: Upward mobility advances social justice as mandated by the Directive Principles.
  • Articles 38 and 41 require the State to secure a just social order and assistance for disabled persons. Ensuring upward mobility makes reservation a tool for empowerment rather than tokenism.
• Global Commitments: India’s obligations under international conventions require it to adopt inclusive policies.
  • As a signatory to the UN Convention on the Rights of Persons with Disabilities (UNCRPD) since 2007, India must guarantee equal opportunity and non-discrimination, making upward mobility a compliance requirement.
• Legitimacy of Reservation Policy: Mobility enhances fairness and prevents reservations from being viewed as restrictive.
  • When meritorious PwDs are recognised in the general pool, it leaves reserved seats for disadvantaged candidates, increasing credibility and public trust in the system.
• Legitimacy of Reservation Policy: If PwDs are locked into reserved seats regardless of merit, reservations risk becoming a ceiling rather than a ladder. 
• • Upward mobility enhances credibility, fairness, and public confidence in the reservation framework.

Challenges in Implementation

• Policy Ambiguity: The rules on upward movement remain unclear in practice despite DoPT clarifications.
  • The DoPT FAQ (2018) allows PwDs to be treated as unreserved if they qualify without relaxed standards, but ministries often fail to apply this consistently.
• Incomplete Data and Monitoring: Lack of comprehensive disability employment data reduces accountability.
  • After 2018, DoPT’s annual reports excluded several ministries, leading to a reported fall in total government staff from 30 lakh to 20 lakh, making PwD representation data unreliable.
• Institutional Bias in Recruitment: PwDs are disproportionately placed in low-skill posts.
  • The highest concentration of PwDs in the Central government is among Group C sanitation workers, showing lack of inclusion in higher administrative and technical posts.
• Certification and Awareness Deficits: A large section of PwDs is excluded from benefits due to low ID coverage and lack of awareness.
  • With less than 40% of PwDs holding valid IDs, many remain outside the quota system and do not demand their right to upward mobility.

Way Forward

• Policy Notification for Mobility: The Union Government should issue a binding directive on upward movement in recruitment and promotions.
  • Joint action by the DoPT and the Ministry of Social Justice & Empowerment (MSJE) can ensure that all ministries adopt the Supreme Court’s mandate.
• Rule Harmonisation Across Services: Central and State service rules should be revised to align with RPwD Act provisions.
  • Amendments should ensure PwDs receive parity with OBC/SC/ST upward mobility practices, leaving reserved seats for others.
• Data Transparency and Audits: Disability representation data must be regularly published and verified.
  • The DoPT Annual Report should resume full coverage across ministries, with independent audits for compliance.
• Universal Disability ID Coverage: The UDID project must be accelerated to ensure all eligible PwDs get IDs.
  • Full-scale implementation of the Unique Disability ID (UDID) scheme can provide 100% certification, enabling equal access to reservation benefits.
• Capacity Building and Sensitisation: Training institutions must integrate disability rights in their curriculum.
  • The (Lal Bahadur Shastri National Academy of Administration (LBSNAA) and State Administrative Training Institutes can include modules on reasonable accommodation and upward mobility for recruiters.
• Independent Oversight Mechanism: Create a central body for monitoring PwD employment and mobility.
  • A PwD Ombudsman under MSJE could function like the National Commission for SC/ST, ensuring grievance redress and compliance.

Conclusion

The Supreme Court reaffirmed that reservation is a ladder, not a cage. With PwDs forming only 1% of the workforce against a mandated 4%, ensuring upward mobility is vital for converting formal equality into substantive empowerment.

• “The true measure of a society is how it treats its most vulnerable members” — this judgment anchors India’s constitutional vision of equality, dignity, and justice for PwDs.

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