The discourse begins with a recent Supreme Court decision that upheld the validity of the 103rd Constitutional Amendment, which provides a 10% reservation for Economically Weaker Sections (EWS) in government jobs and colleges across India. This EWS quota does not violate the constitution’s basic structure, as reservations are an instrument of affirmative action by the state for the inclusion of backward classes.
Decoding the Verdict
The majority view of the Supreme Court held that the 103rd constitutional amendment doesn’t breach the constitution’s basic structure. The reason being, the EWS quota does not violate equality and the constitution’s basic structure. Moreover, reservation in addition to existing reservation doesn’t violate the constitution’s provisions. Further, the ruling stated that the 50% rule formed by the Supreme Court in the Indira Sawhney judgment in 1992 was “not inflexible”. It had applied only to certain communities and not the general category.
On the contrary, the minority view held that reservations were designed as a powerful tool for equal access and introducing economic criteria, excluding certain groups claiming they had pre-existing benefits is injustice. They warned that allowing the breach of 50% ceiling limit could open a gateway for further infractions.
Insight into the Economically Weaker Section (EWS) Quota
The 10% EWS quota was introduced under the 103rd Constitution (Amendment) Act, 2019 by amending Articles 15 and 16. It was implemented to promote the welfare of the poor individuals not covered by the 50% reservation policy for Scheduled Castes (SCs), Scheduled Tribes (STs) and Socially and Educationally Backward Classes (SEBC). This system enables both the Centre and the States to provide reservations to the EWS of society.
Significance of the EWS Quota
The 10% quota is progressive and it could address the issues of educational and income inequality in India. It recognises the economic backwards, who are living under poverty-stricken conditions and gives them constitutional recognition. Moreover, it helps in reducing the stigma associated with reservation as it is available to all and not just certain communities.
Concerns Surrounding the EWS Quota
Several concerns have been raised regarding the EWS Quota like the unavailability of data to prove that individuals who earn less than Rs 8 lakh annually are not adequately represented in government jobs and higher educational institutions. Another concern is about the arbitrary criteria used for determining eligibility for this reservation. The government’s decision does not seem to be based on any data or comprehensive study, as the GDP per capita varies widely across states.
Way Forward
The Indian political class must overcome its tendency of continually expanding the scope of reservation for electoral gains, and realise that it is not the panacea for societal problems. Instead of giving reservation based on different criteria, the government needs to focus on improving the quality of education and other effective social upliftment measures. They should create a spirit of entrepreneurship and foster job-creators rather than job-seekers.
