Introduction
The 103rd Constitutional Amendment Act, 2019, introduced by the Parliament of India, provides a reservation of 10% in education and government jobs for the Economically Weaker Sections (EWS) of society not belonging to the Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC). The application of the amendment was intended to bring about social equality addressing the disadvantage of economic nature.
● Key Features:
Establishment of Reservation for EWS: Reservation has been placed at 10% for the EWS. Reservation applies to both educational institutions and governmental jobs including private institutions, with minor exceptions for minority institutions.
Amendments to the Constitution: Inserted Articles 15(6): Authorizes EWS reservations in educational institutions. Inserted Articles 16(6): Authorizes EWS reservations in employment by the state.
Eligibility Criteria for EWS: Annual family income below ₹8 lakh. Exclusion of families with specific assets such as agricultural land above a certain limit, residential property in some urban areas, etc. (These criteria vary from one state to another.)
● Applicability:
Beneficiaries of the reservation must be from the general or unreserved group. Reservation will apply in addition to 50% reservation already provided for SCs, STs, and OBCs.
● Controversies and Challenges:
Exceeding the established 50% reservation cap: Critics have contended that the 103rd constitutional amendment does in fact breach the reserve limit imposed by the S.C. on reservations under the Indra Sawhney case.
Economic Criterion: Several critics raised doubt relating to the economic criteria themselves to ascertain whether this justification was sufficient to warrant benefits under reservation, noting that reservations in the original intendment were to counter historic and social discrimination.
Judicial Review: While the amendment has courted controversy and was challenged in courts, it was ultimately upheld by the Supreme Court as constitutional and valid on November 7, 2022 in a majority judgement (3:2).
Author
Nandini Achhra
3rd Year BALLB (H) student of
Vivekananda institute of professional studies

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