SC upholds 10% quota for Economically Weaker Sections: 'No violation of Constitution'

SC upholds 10% quota for Economically Weaker Sections: 'No violation of Constitution'

The SC ( Supreme Court)  has upheld the 103rd Constitution Amendment providing for 10% quota for the EWS  (economically weaker sections) from unreserved categories. 

The beneficiaries can avail the quota for admission to government as well as private, unaided institutions and government jobs. A five-judge constitution bench of Chief Justice UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala, in a 3-2 verdict, held that the provisions of the concerned amendment is not in violation of the Constitution. 

At the outset, Chief Justice Uday Umesh Lalit said there are four different judgements on pleas challenging the EWS quota.

Justice Maheshwari while Reading out the verdict, said that 103rd Constitutional amendment is valid and does not violate the basic structure of the Constitution. 

Justice Trivedi said that there is a need to revisit the reservation policy and it should have a time span. Justice Pardiwala, while holding the amendment valid, observed that reservation cannot go on indefinitely and agreed with Justice Trivedi on a need to re-examine the reservation policy. 

However, Justice Bhatt disagreed with the majority verdict and said leaving out the poor from SCs/STs/ OBCs from availing the reservation benefit under EWS category is discriminatory.

CJI Mr. Uday Umesh Lalit, the last to speak, also dissented on the majority verdict while agreeing with Justice Bhatt. 

The 103rd Constitution Amendment Bill was passed by Parliament in January 2019. 

The BJP (Bhartiya Janta Party) lauded the Supremef Court verdict and said it is a victory for Prime Minister Narendra Modi in his "mission" to provide social justice to the country's poor.

There are certain Questions Raised on EWS Reservatin which needs to be cleared:

Is quota based on economic criteria valid?

The Constitution does not talk about the concept of preferential treatment on the basis of a person’s economic status. The bench therefore mulled on:

Is reservation based on economic criteria is permitted by the Constitution?

Will it go against basic structure of Constitution, if allowed?

Is 103rd Amendment a breach on Constutuion?

The court examined possible breach of Constitution by the 103rd Amendment from two aspects:

Permitting the state to make special provisions in relation to admission to private unaided institutions

Excluding SEBCs (Socially and Educationally Backward Classes)/OBCs (Other Backward Classes)/SCs(Scheduled Casts)/STs (Scheduled Tribes) from the scope of EWS reservation.

The 50% quota caping issue:

The bench also considered if the 50% cap on reservation as fixed by it in the Indra Sawhney judgment is inviolable and cannot be breached.

The Centre's contention: 

Granting of 10% quota to the poor section will not impact other categories

It has approved creation of more than 2.1 lakh seats in central educational institutions to ensure that EWS quota didn’t impact SC/STs and OBCs

103rd Amendment strengthened the basic structure of the Constitution by ensuring economic justice to its citizens

Upper limit on quota is not a "golden inviolable rule"

What petitions challenging economically weaker sections (EWS) quota said?

Economic criteria could not be a basis for granting reservation

Granting quota to the forward class is a “fraud on the constitution” and amounted to stabbing its heart

What is the 103rd Amendment?

The Bill was introduced in Parliament in 8 January 2019, and subsequntly passed on 9 January 2019 by the Lok Sabha and Rajya Sabha before getting the presidential assent. The was presented by Ashok Gehlot

It introduces 10% reservation for EWS for admission to government as well as private educational institutions (except for minority educational institutions)

It also provides for similar reservations for employment in government jobs

Who can avail EWS quota benefits: 

Who Falls in EWS category?

1. Do you belong to General Category?

10% EWS reservation quota is given only for the General Category candidates. Other category candidates already have reservation benefits – OBC (27%), SC (15%), and ST (7.5%).

2. Is your family income below Rs.8 lakhs?

Persons who are not covered under the scheme of reservation for SCs, STs and OBCs and whose family has a gross annual income below Rs 8 lakh (Rupees eight lakh only) is to be identified as EWSs for benefit of reservation.

Income shall also include income from all sources i.e. salary, agriculture, business, profession, etc. for the financial year prior to the year of application.

3. Is the agricultural land owned by your family less than 5 acres?

To be classified under EWS, your family should not own or possess agricultural land of size 5 acres or above.

4. Is the residential flat owned by your family less than 1000 sq.ft?

To be classified under EWS, your family should not own or possess a residential flat of area 1000 sq.feet or more.

5. Is the residential plot owned by your family less than 100 sq.yards (in notified municipalities)?

To be classified under EWS, your family should not own or possess a residential plot of area 100 sq.yards or more in notified municipalities.

You may note that 100 sq. yards is equal to 900 sq ft OR 2 cents (approx).

6. Is the residential plot owned by your family less than 200 sq.yards (other than in notified municipalities)?

To be classified under EWS, your family should not own or possess a residential plot of area 200 sq.yards or more in areas other than in notified municipalities.

You may note that 200 sq. yards is equal to 1800 sq ft OR 4 cents (approx).

EWS Reservation Eligibility – Is the criteria uniform across all states in India?

The above criteria are given by the Central Government.

The states in India can set their own income cut-off to decide who constitutes EWS and even exceed the income criteria set by the Centre.

The family income is considered; but what is a “Family” as per the EWS reservation rules?

The term “Family” for this purpose will include the person who seeks the benefit of reservation, his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years.

The property held by a “Family” in different locations or different places/cities would be clubbed while applying the land. or property holding test to determine EWS status.