SC asks Centre, States to allay EWS quota concerns

For Prelims

About EWS Quota

  • The 103rd Amendment Constitution Act, 2019 introduced 10% reservation for economically weaker sections of those sections who are not eligible for any other reservation for admission to central government and private educational institutions and recruitment in central government jobs.
  • It amended Articles 15 and 16 by inserting Article 15 (6) and Article 16 (6) to allow reservation for the economically backward in the unreserved category.
  • The reservation is “in addition to the existing reservations and subject to a maximum of 10% of the total seats in each category.”

The eligibility for EWS category

  • The candidate must not be covered under reservation for SC, ST or OBC.
  • The candidate’s family’s gross annual income should be below Rs. 8 lakhs. This includes income from all sources such as agriculture, salary, business, etc. for the financial year before you apply for the exam.
  • The candidate’s family should not own agricultural land of size 5 acres or more.
  • The candidate’s family should not own a residential flat of area 1000 square feet or more.
  • The candidate’s family should not own a residential plot (in notified municipalities) of an area 100 square yards or more.
  • The candidate’s family should not own a residential plot (other than in notified municipalities) of area 200 square yards or more.

About Indra Sawhney Case

Also known as the Mandal case. The Judgement gave the following guidelines when it came to reservation.

  • Backward classes under Article 16(4) cannot be identified on the basis of economic criteria but the caste system also needs to be considered.
  • Article 16(4) is not an exception to clause 1 but an instance of classification as envisaged by clause 1.
  • Backward classes in article 16(4) were different from the socially and educationally backward classes mentioned in Article 15(4).
  • The concept of a creamy layer was laid down and it was directed that such a creamy layer be excluded while identifying backward classes.
  • Article 16(4) does allow the classification of backward classes into backward and more backward classes.
  • Reservation shall not exceed 50 percent, moreover, reservation in promotions shall not be allowed.
  • Any new disputes regarding criteria were to be raised in the Supreme Court only.

    Source The Hindu