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Reservation For Economically Weaker Sections (EWS)

The Constitution (One Hundred and Twenty-Fourth Amendment) Bill, 2019 was passed by Parliament on January 8, 2019. The persons, belonging to EWSs, who are not covered under the scheme of reservation for SCs, STs and OBCs shall get 10% reservation in direct recruitment in civil posts and services in the Government and admission in educational institutions.

Background

  • The persons, belonging to Economically Weaker Sections, who were not covered under the scheme of reservation for SCs, STs and OBCs were also demanding reservation on the similar line.
  • Article 15 of the Constitution prohibits discrimination against any citizen on the grounds of race, religion, caste, sex, or place of birth. However, the government may make special provisions for the advancement of socially and educationally backward classes, or for Scheduled Castes and Scheduled Tribes.
  • Article 16 of the Constitution prohibits discrimination in employment in any government office. However, the government can allow reservation for any “backward class of citizens”, if they are not adequately represented in the services under the state.
  • The Union Government of India tabled the Constitution (One Hundred And Twenty-Fourth Amendment) Bill, 2019 which provided 10% additional quota for the EWS students amongst the erstwhile Unreserved category or General category students.
  • Therefore the bill seeks to amend Article 15 to additionally permit the government to provide for the advancement of “economically weaker sections”.
  • The bill also seeks to amend Article 16 to permit the government to reserve up to 10% of all posts for the “economically weaker sections” of citizens.

Reservation in India- A timeline

  • 1932: Communal Award was announced by the British PM, Ramsay MacDonald, which granted separate electorates in India for Muslims, Buddhists, Sikhs, Christians, Anglo-Indians, Europeans and Depressed Classes.
  • 1942: B R Ambedkar became member of Viceroy’s Executive Council and 8.5 per cent reservation for Scheduled Castes was given.
  • 1950: Affirmative action programme of India provided reservation to Scheduled Castes and Scheduled Tribes.
  • 1990: Mandal Commission report recommended 27 per cent reservation to OBCs. It was implemented by the government of India.
  • 2019: Parliament passed amendment bill which allowed 10 per cent reservation for economically weaker section in higher education and jobs.

Salient Features

  • Articles 15(6) and 16(6) have been inserted in the Constitution, which enables the State to provide the benefits of reservation on preferential basis to the Economically Weaker Sections (EWSs) in civil posts and services in the Government of India and admission in educational institutions.
  • The reservation of up to 10% for “economically weaker sections” in educational institutions and public employment will be in addition to the existing reservation.
  • Such reservation will not apply to minority educational institutions.
  • The central government will notify the “economically weaker sections” of citizens on the basis of family income and other indicators of economic disadvantage.

Criteria for EWS

  • Persons whose family has gross annual income below Rs 8 lakh (Rupees eight lakh) are to be identified as EWSs for benefit of reservation. Income shall also include income from all sources i.e. salary, agriculture, business, profession, etc.
  • Also persons whose family owns or possesses any of the following assets shall be excluded from being identified as EWS, irrespective of the family income:-
  • 5 acres of agricultural land and above.
  • Residential plot of 1000 sq ft. and above.
  • Residential plot of 100 sq. yards and above in notified municipalities.
  • Residential plot of 200 sq. yards and above in areas other than the notified municipalities.
  • Thus in effect, long standing demand of economically not well-off segment for equal treatment was catered to which enabled social integration among the reserved and unreserved.

Impact of EWS Reservation

  • Excluded groups develop hate, thus providing reservation on the basis of economic criteria is a step towards assimilation.
  • Concept of positive discrimination is now realized by giving reservation on the economic criteria.
  • It will reduce demands of upper castes for reservation like Patidars of Gujarat, Jats of Haryana.
  • Now the reserved categories comprise both lower and upper castes, thus promoting equality