EWS Quota: SC upholds 10 per cent quota for Economically Weaker Sections

The Supreme Court of India upheld the 103rd constitution Amendment providing for a 10 percent quota for the Economically Weaker Section (EWS) from the unreserved categories.

EWS quota case
EWS quota case

EWS Quota India: The Supreme Court of India upheld the 103rd constitution Amendment providing for a 10 percent quota for the Economically Weaker Section (EWS) from the unreserved categories.

A five-judge constitution bench of Chief Justice UU Lalit and Justices Dinesh Maheshwari, JB Pardiwala, Bela M Trivedi, S Ravindra Bhat, in a 3-2 verdict held that the provisions of the concerned amendment is not in violation of the Indian Constitution. At the outset, Chief Justice UU Lalit said that there are four different judgements on the pleas challenging the EWS Quota.

SC upholds 10% quota for EWS: Key Points

1. As per the Apex Court, the beneficiaries can avail of the quota for admission to the government as well as private, government, and unaided jobs.

2. While reading out the verdict, Justice Maheshwari said that the 103rd Constitutional amendment is valid and it does not violate the basic structure of the Constitution.

3. Justice Pardiwala, while holding the amendment valid, observed that the reservation cannot go on indefinitely and agreed that there is a need to re-examine the reservation policy.

4. Justice Bhatt, however, disagreed with the majority verdict and said that leaving out the poor from SCs/STs/OBCs from availing of the reservation benefit under the EWS category is discriminatory.

What is 103rd Amendment in Constitution?

The bill was introduced in the Indian Parliament in January 2019. It was subsequently passed by the Lok Sabha and Rajya Sabha before getting the President’s assent.

The amendment introduced 10 percent reservation for the Economically weaker sections for admission to the Government as well as the private education institution. The amendment also provides for similar reservations for employment in Government jobs.

Who are eligible to avail EWS quota benefits?

1. Those with an annual gross household income of up to Rs. 8 lakh.

2. Communities that already have reservations such as SCs & STs.

3. Excluded: Families owing over 5 acres of agricultural land, a house over 1,000 square feet, a plot of over 100 years in a notified municipal area or over a 200 yards plot in a non-notified municipal area.

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