NEWS HIGHLIGHTS
Theme : Government policies and interventions for development of various sectors, weaker sections of society and interventions for their development etc
Paper : GS - 2
The 10% EWS quota was introduced under the 103rd Constitution (Amendment) Act, 2019 by amending Articles 15 and 16.
It inserted Article 15 (6) and Article 16 (6).
Economic reservation in jobs and admissions in educational institutes for Economically Weaker Sections (EWS)
TABLE OF CONTENT
- Context
- What is EWS?
- What are the Special Measures?
- Basis of Challenge
- What are the Issues?
- Stand of Judiciary
Context : The 103rd Constitution Amendment Act introducing special measures and reservations for ‘economically weaker sections’ (EWS)has been perceived as being unconstitutional.
What is EWS?
- The 10% EWS quota was introduced under the 103rd Constitution (Amendment) Act, 2019 by amending Articles 15 and 16.
- It inserted Article 15 (6) and Article 16 (6).
- Economic reservation in jobs and admissions in educational institutes for Economically Weaker Sections (EWS).
What are the Special Measures?
- Article 15: Enabling the state to take special measures (not limited to reservations) in favor of EWS generally with an explicit sub-article on admissions to educational institutions with maximum 10% reservations.
- Article 16: It allows 10% reservations (and not special measures) for EWS in public employment.
Basis of Challenge :
- It violates the basic structure of the Constitution:Special protections guaranteed to socially disadvantaged groups is part of the basic structure.The 103rd Amendment departs from this by promising special protections on the sole basis of economic status.
- Reservation at 50 per cent:It violates the Supreme Court’s ruling in Indra Sawhney & Ors v Union(1992) of India, which upheld the Mandal report and capped reservations at 50 per cent.
- Private, unaided educational institutions: The fundamental right to practice a trade/ profession is violated when the state compels them to implement its reservation policy and admit students on any criteria other than merit.
What are the Issues?
- Economically weaker sections’: Determined by the state on the basis of ‘family income’ and other economic indicators.
- Exclusion Of SC/STs, OBCs and other beneficiary groups.
- Inadequate data:The governments have no such data to prove that ‘upper’ caste individuals, having income less than Rs 8 lakh annual income, are not adequately represented in government jobs and higher educational institutions.
- Article 16(4) verses Article 16(6): The amendment through Article 16(6) ends up making it easier for the state to provide reservations in public employment for EWS than the requirements to provide reservations for ‘backward classes’ under Article 16(4).
Stand of Judiciary :
- Indra Sawhney (1992): 10% reservations based purely on economic criteria was unconstitutional. Income/property holdings cannot be the basis for exclusion from government jobs.
- Poverty inflicts serious disadvantages and the prerogative of the state to use special measures/ reservations as one of the means to address it is unlikely to be violative of the ‘basic structure’ doctrine.
FAQs :
1. What is EWS ?
Answer : The 10% EWS quota was introduced under the 103rd Constitution (Amendment) Act, 2019 by amending Articles 15 and 16.It inserted Article 15 (6) and Article 16 (6).
2. What is the take on the Indra Sawhney Case?
Answer : 10% reservations based purely on economic criteria was unconstitutional. Income/property holdings cannot be the basis for exclusion from government jobs.