Revisiting EWS Criteria: Govt tells SC

In news

• The Centre will review the Rs 8 lakh family income ceiling for Economically Weaker Sections to apply for 10% reserved seats in central education institutes.

About

• 103rd Amendment Act 2019: The Union government has taken a considered decision to revisit the criteria for determining the economically weaker sections in terms of the provisions of the Explanation to Article 15 of the Constitution inserted by the Constitution (103rd Amendment) Act 2019.
• The main issue: is to reveal the rationale behind picking exactly Rs. 8 lakh as the annual income limit to identify EWS.
  • The ground for reservations for OBCs was socio-educational backwardness while the basis of EWS reservations was purely economic.
  • 10% reservations for the EWS category take overall reservations to 69%. A reservation for SCs is 15%, for STs 7% and 27% for OBCs.

Image Courtesy:  ET

Quantum of reservation

• The persons belonging to EWSs who are not covered under the scheme of reservation for SCs, STs and OBCs shall get 10% reservation in direct recruitment in civil posts and services in the Government and admission in educational institutions.

Analysis of the Amendment

• When the Constitution was amended the challenge was to meet criteria of the basic structure doctrine.
• Since it was an established principle that reservation shall have a cap of 50% but in case of Mr Balaji vs. State of Mysore, the court stated that in any circumstances where the reservation exceeds 50% it would imply dominance over Section 16(1).
• The Government of India provided for 10% reservation to weaker sections of the society. It was taken down in Indira Sawhney vs. Union of India.
• All these judgements were passed keeping in mind the law and the legislation that have never been discarded in violation of basic structure doctrine.
  • The amendment seems to provide reservation only to the extent of 10%.
• Articles 15(4), Article 15(5) and 16(4) do not explicitly mention that reservation shall be 50% by way of legislation.
  • Therefore any challenge that mentions the violation of basic structure doctrine does not stand valid.
• Also in the case of Keshavnand Bharti vs. State of Kerala, it was clearly held by the Supreme Court that no law can be passed in the Gazette of India that destroys or damages the basic structure of the Constitution of India.
• Therefore it can be agreed that the 103rd Amendment has been created logically and has put educational and social backwardness at war by including Article 15(6) and 16(6).

Eligibility criteria for EWS reservations

• Candidate’s annual family income must be less than Rs. 8 lakhs per annum.
• Their family must not own more than 5 acres of agricultural land.
• The residential flat area should be below 1000 sq ft.

Need for the 103rd Amendment

• The upper caste students who were not able to attend public employment and higher education due to lack of proper financial structure in the family, this particular amendment will address such an issue that prevails in India.
• Also, many of the upper caste citizens live in poverty and hunger.
• This reservation amendment will also enable the poor who belong to the upper caste to have the same reservation as OBC.
• Often the upper caste looked down upon those who came through reservation but now this amendment will help to eliminate such stigma that prevailed.

Source: TH