Article:
In recent times, the impacts of Economically Weaker Section (EWS) Quota have been a subject of discussion. The Attorney-General of India recently stated that the 10% quota for EWS does not infringe upon the rights of the Scheduled Castes, Scheduled Tribes or the Other Backward Classes.
Government’s Stand on EWS Quota
The Government of India has made it clear that the EWS quota does not harm the existing 50% reservation allocated for the backward classes, including the Scheduled Communities and OBCs. The Attorney general rejected arguments suggesting that the exclusion of backward classes from the EWS quota amounts to discrimination. These communities already have access to benefits provided by affirmative actions such as special provisions for promotion, reservation in panchayat, municipality seats, Lok Sabha, and state legislative assemblies.
The Government of India considers both the reservation for backward classes and the EWS quota as a single approach intended for the upliftment of the weaker sections of the society. According to the Multi-dimensional Poverty Index used by Niti Ayog, approximately 18.2% of the total population in the general category belonged to EWS, which is about 350 million of the population.
Constitutionality of the EWS Quota
The EWS quota does not violate the basic structure of the Constitution, because the reservations for OBCs, SCs, and STs fall under different silos. Examples from the Right of Children to Free and Compulsory Education Act, 2009, show the Supreme Court supporting the validity of laws that seek to remove barriers faced by children from weaker sections and disadvantaged groups while seeking admission.
Opposition’s Concerns about EWS Quota
Opponents argue that the amendments contradict the constitutional scheme, where no segment of available seats or posts can be reserved solely based on economic criteria. They also contend that these amendments alter the 50% quota limit set up in the Indra Sawhney V. Union of India 1992 case.
What is EWS Quota?
The 10% EWS quota was introduced under the 103rd Constitution (Amendment) Act, 2019. This quota allows for economic reservation in jobs and admissions in educational institutes for the Economically Weaker Sections (EWS). It was intended to promote the welfare of the poor not covered by the 50% reservation policy for Scheduled Castes (SCs), Scheduled Tribes (STs), and Socially and Educationally Backward Classes (SEBC).
Significance of EWS Quota
The 10% quota aims at addressing issues of educational and income inequality in India. It provides constitutional recognition to the poor from upper castes and helps reduce caste-based discrimination. However, concerns have been raised about the unavailability of data, arbitrary criteria used for deciding eligibility, and differences in per capita income across states for EWS reservation.
Key Tenets of Rule of Law
The ‘Rule of Law’ is a principle of governance that holds everyone accountable to laws that are publicly promoted, equally enforced, and independently adjudicated. Its key tenets include equality before the law, equal protection of law, preservation of liberty and civil rights, limitation of powers of executive and legislature, and responsibility of government towards masses.
National Commission for Scheduled Castes (NCSC)
The role of the National Commission for Scheduled Castes (NCSC) in enforcing the implementation of constitutional reservation for the Scheduled Castes in religious minority institutions is often queried. It is a critical point of examination in the broader context of affirmative actions.
