Constitutional Bench Update:

Verdict Reserved

Janhit Abhiyan vs. Union of

India
 EWS Reservation-
Constitutional or Unconstitutional ?

The Constitution bench of Supreme Court

headed by CJI UU Lalit has completed the 7 day
hearing and reserved the judgment on a batch
of petitions filed for challenging 103rd
Constitutional Amendment which had
introduced 10% reservation for Economically
Weaker Section (EWS) in public employment and
education.
What is 103rd Constitutional
Amendment?

The Constitution (One Hundred and Third

Amendment) Act, 2019 has inserted Articles 15(6)
and 16(6) in the Constitution of India.

Article 15(6) permits the State to make provisions

for the advancement of EWS and additionally
provide up to 10% reservation for admission in
educational institution. However this shall not be
applicable to minority educational institutions.

Article 16(6) was inserted to permit the State to

reserve up to 10% posts for EWS citizens in public
employment.
This additional reservation under Article 15(6) and
Article 16(6) shall be in addition to existing
reservation.

Criteria as to who are included in this class of

people shall be based on family income and
other indicators of economic disadvantage.
Issues under Consideration

Can reservation be granted solely on the

basis of economic criteria?

Can States provide reservations in private

educational institutions which do not receive
government aid?

Is EWS reservation un-constitutional for

excluding SC/ST, OBC, and Socially and
Economically Backward Classes from its
scope?
Grounds for challenging validity
of Amending Act
Petitioner(s)’ Contentions

103rd amendment negates the concept of reservation

as a tool of representation for disadvantaged groups
and converted it into a scheme for financial upliftment.

Since this amendment is available only to forward

class, it violates the right to equality enshrined in the
constitution.

Class disadvantage owed its origin to structural

inequality and thus, backwardness became an integral
part of any form of reservation, and therefore
economic condition can’t be the sole basis to provide
reservation.

EWS reservation excludes and differentiates among

poor on the grounds of caste and therefore is arbitrary
and violates right to equality.
 State’s Contentions

Scheduled Caste, Scheduled Tribes and Other

Backward Classes had been loaded with benefits by
way of various affirmative actions of the State and
these groups were highly unequal and in tremendous
position as far as reservations are concerned.

103rd Constitutional Amendment joined the 1st

Constitutional Amendment and the 93rd Constitutional
Amendment in establishing a series of enabling
provisions for weaker section of the society.

Backward classes contain EWS sections within

themselves and are provided benefits within the
existing reservation policies.

Through the 103rd amendment, the State provided

affirmative actions to the EWS which do not get
benefits under the existing reservation.
 There are circumstances wherein general
category which has a larger population gets less
as a result of reservation such as in State of Tamil
Nadu which has a total reservation of 69%.

Additional seats have been approved in central

educational institutions to ensure that there is no
adverse impact due to the implementation of the
reservation for Economically Weaker Sections.

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