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EWS RESERVATION

103rd Amendment Constitutionally Valid

 

Why in the News?

By a majority of 3:2, a five-judge Constitution Bench of the Supreme Court has upheld the validity of the Constitution (103rd) Amendment.

Image Source: Times of India

Key Points:

Judges Verdict on Indira Sawhney judgment:

  • EWS quota did not breach the ceiling limit of 50% placed by the Indira Sawhney judgment on reservations.
  • State can make special provisions from time to time towards an “all-inclusive egalitarian society”. 
  • Thus, the EWS quota is an  “affirmative action” on the part of the state.

Image Credits: Supreme Court Observer

 

103rd Constitution Amendment Act:

    • The EWS reservation was granted based on the recommendations of a Major Sinhoo commission.
    • The Constitution (103rd) Amendment Act 2019 provides up to 10 percent reservation in employment and educational institutions.
      • It inserted clauses 15(6) and 16(6) in the Constitution.
    • The amendment empowered both the centre and state governments to provide reservations on the basis of economic backwardness.
  • Eligibility Criteria:
    • People who are not covered under the existing reservations for BCs, SCs, and STs and whose gross annual family income is below Rs 8 lakh per annum.

Challenges to the 103rd Constitution amendment:

  • Violates the basic structure of the Constitution: Special protections guaranteed to socially disadvantaged groups are part of the basic structure, and the 103rd Amendment provides special protections on the basis of economic status.
  • Violates the SCs 1992 ruling in Indra Sawhney: The ruling upheld the Mandal commission report and capped reservations at 50 percent. 
    • The court had held that economic backwardness could not be the sole criterion for identifying a backward class.
  • Private and unaided educational institutions: They have argued that their fundamental right to practice a trade/ profession is violated when the state compels them to implement its reservation policy.

Additional Information:

  • Article 15(6): It empowers states to make special provisions for the advancement of any EWS on their admission to educational institutions — including aided or unaided private.
  • Article 16 (6): It provides reservations to people from economically weaker sections in government posts subject to a maximum of 10 percent of the posts in each category.

News Source: The Indian Express