Economic Reservation:

India is a country with diverse socio-economic-political structure which means that there
exists a huge gap between the rich and poor in our country. To cure such a discrepancy, the
Constitution of India strives for economic equality and equal opportunity to people from all
the strata of the Indian society.
The recent concept of economic reservation strikes at the root cause of the economic
instability in the country. The 103rd Amendment to the Constitution provides 10% quota to
the Economically Weaker Section of the society. However, there have been contrasting views
that whether such a reservation is valid or not. The basic grounds of such a contention are:
1. Whether it violates the basic structure of the constitution or not?
On this question, the court, in the case of Janhit Abhiyan v UOI, has said that since
reservation was never meant to be a permanent concept in the constitution, it does not
form a part of the basic structure, and hence a reservation which guarantees reservation in
educational institutions and employment opportunities, does not violate basic structure of
the constitution as reservation never actually is a part of the basic structure.
Moreover, such a reservation furthers the goal of economic equality, which is the goal of
the constitution, as espoused in the Preamble the Fundamental Rights and DPSPs,
therefore, it furthers the spirit of constitutionality and strengthens the preambular goal of
equality hence, again, realisation of the basic structure of the constitution.
2. Breaching the 50% limit of reservation.
The Indira Sawhney Judgment espoused a 50% ceiling limit on providing reservation, i.e.
the parliament could not breach the upper limit of 50% while providing reservation to any
weaker section of the society. However, such a limit is not inviolable in nature. It can be
violated for the greater interest of furthering equality. Here, in the case of providing
reservation to the economically weaker section, the parliament is making a move ahead in
bringing all the weaker sections in the forefront and give them an equal footing of
opportunity which they could use to exercise social mobility and increase their status in
the society.
3. A move towards making a caste-less society.
Many scholars believe that such a move would further the vision of the makers of the
constitution as Dr. B.R. Ambedkar has always espoused the idea of a caste-less and a
class-less society, and characterizing economically weaker section of the society as also
one of the backward classes furthers such a vision as it build a caste-less and class-less
society and provides the benefit to actually those who need it. The concept of affirmative
action is to give everyone an equal opportunity to move ahead.
One could also take the example of reservation given to women. Such a reservation is not
given to them since they belong to a particular caste, but it is provided because they have
been characterised as a class of people who need a special affirmative action due to their
status in the society. Similarly, reservation provided to EWS is justified as they must be
stuck in a vicious circle of poverty as their economic condition may not allow them to
gain the requisite education and get out of the social backwardness. Moreover, it must
 also be noted that economic conditions play a major role in deciding ones social and
educational background, and it becomes pertinent to break the vicious cycle of poverty to
give them an equal footing in the society.
4. How to measure the economic backwardness?
The one of the most major contentions of the said amendment is that the economic
conditions are transient and subjective in nature and hence it becomes very difficult to
identify who to provide such benefit with. In such a scenario, the basic tenet is to rely on
the measures provided by the government from time to time. However, it still is a
difficult aspect to measure and needs to be developed with time as there may be several
people who may take undue advantage of such a policy which may adversely affect the
other section of the society. Hence utmost caution must be paid during the determination
of the beneficiaries of EWS Reservation.
The Economically Weaker Section of society are equally entitled to get the benefit of
affirmative action by the government. The fact that it flourishes the goal of economic justice
to all is the major benefit of such a reservation and hence it must be continued. However, one
must always be prepared to deal with the malfeasance and misuse of any law and policy.
Though it must not stop one from providing benefit to someone who is the dire need of such a
policy.