The Andhra Pradesh government, in recent news, has declared a 10% reservation for the Kapu community and other Economically Weaker Sections (EWS) for openings in the state-level initial posts and services. This provision is made in line with the Constitution (103rd Amendment) Act, 2019.
Overview of the Kapu Community
Primarily based in the Andhra-Telangana region, the Kapus are an agrarian community. It’s believed that their ancestors migrated from the Gangetic plains, specifically Kampilya (near Ayodhya), thousands of years ago. Upon entering present-day Telangana, they cleared out the forests along the Godavari banks and took up farming as their primary occupation.
The said community has been striving for inclusion in the ‘Backward Castes’ category, given they were classified under this prior to India’s independence. A significant demonstration for this cause took place in 1993, following which a government order was issued to include them in the ‘Backward Castes’. However, adherence to this mandate has been lacking.
Understanding Other Backward Classes
The term ‘Other Backward Classes’ (OBC) is utilized by the Indian Government to categorize castes that face education or social disadvantages. This categorization is among several official classifications of the Indian population, including General Class, Scheduled Castes (SCs), and Scheduled Tribes (STs).
As per the Mandal Commission report of 1980, OBCs constitute about 52% of the nation’s populace. Reevaluation in 2006 by the National Sample Survey Organisation adjusted this figure to 41%. The National Commission for Backward Classes, a constitutional body established under Article 338B of the Constitution and functioning under the Ministry of Social Justice and Empowerment, looks after the affairs of these classes.
Guidelines for EWS Reservation
The EWS reservation benefits persons not covered under the existing scheme of reservations for SCs, STs or the Socially and Educationally Backward Classes, and whose gross annual family income is below Rs 8 lakh. The family income includes earnings from all sources such as salary, agriculture, business, profession etc for the financial year prior to the year of application. For this purpose, a person’s family consists of the applicant, his/her parents and siblings below 18 years of age, and his/her spouse and children also below 18 years of age.
103rd Constitutional Amendment Act
This act introduced a 10% quota in jobs and admissions in education institutes for the Economically Weaker Sections (EWS) by amending Articles 15 and 16, which eventually came to include Article 15 (6) and Article 16 (6). The act was enacted with the intent of advancing the welfare of the poor who were excluded from the 50% reservation policy for SCs, STs and Socially and Educationally Backward Classes (SEBC). It empowers both the Centre and states to provide reservation to the EWS of society.
Status of EWS Reservation
The provision of 10% EWS reservation exceeds the 50% limit to reservation in employment opportunities established by the Indra Sawhney case of 1992. The government views this discrepancy as necessary and permissible due to special circumstances that demand the upliftment of economically weaker sections of society.
This matter is currently being reviewed by the Supreme Court. The court has referred the petitions challenging the 103rd Constitutional Amendment Act, 2019 to a five-judge constitution bench following Article 145 (3) of the Constitution, which necessitates a minimum of five judges for cases involving ‘substantial questions of law’ related to the Constitution’s interpretation.