Context
Recently, the Supreme Court (SC) has questioned the methodology adopted by the government in fixing Rs. 8 lakh as the annual income limit to identify the Economically Weaker Section (EWS) for providing 10% quota in public jobs and educational institutions.
About EWS Quota
- The 10% EWS allocation was introduced under the 103rd Constitution (Amendment) Act, 2019 by amending Articles 15 and 16.
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- It inserted Article 15 (6) and Article 16 (6).
- It is for economic reservation in jobs and admissions in education institutes for Economically Weaker Sections (EWS).
- It was announced to promote the welfare of the poor excluded by the reservation policy of 50% of Scheduled Schedules (SCs), Scheduled Schedules (STs) and Socially and Educationally Backward Classes (SEBC).
- It enables both Centre and the states to provide reservation to the EWS of society.
Arguments:
- The amendment violates the fundamental provisions of the Constitution and violates the fundamental right to equality under Article 14.
- Reservation cannot be based solely on economic standards, given the Supreme Court decision in Indra Sawhney v. Union of India (1992).
- SCs / STs and OBCs will not be excluded from economic placement, as this could violate the fundamental right to equality.
- The Amendment introduces reservations that exceed the 50% ceiling-limit on reservations, established by Indra Sawhney.
- Currently, 49.5% of seats in education and public appointments have been reserved, with 15%, 7.5% and 27% of quotas for scheduled Castes, scheduled tribe and Other Back Classes respectively.
- Imposing reservations in educational institutions that do not receive State assistance violates the basic right to equality.
