Supreme Court Constitution Bench on Monday in a 3:2 majority upheld the 103rd Constitutional Amendment thus endorsing the Centre's 10 percent reservation policy for the economically weaker sections of the society.
Reservations are an instrument of affirmative action and quotas on economic criteria alone do not violate the basic structure doctrine, Supreme Court said. The judgment, which was delivered on the then CJI UU Lalit's last working day in court, also comes at an opportune moment as two states—Gujarat and Himachal Pradesh—are primed for the upcoming polls.
Even as BJP and Congress welcome the judgment—while vying for credit at the same time—Tamil Nadu Chief Minister MK Stalin said the judgment "should be considered as a setback in the century-long struggle for social justice". The Dravida Munnetra Kazhagam (DMK), Stalin's party, on Tuesday, announced it would seek a review of the verdict.
The Constitution (103rd Amendment) Act allows for reservation in jobs in the public sector and education for the economically weaker strata of society.
BOOM looks at what this judgment means and who it benefits.
1) What is the EWS quota?
In January 2019—months before the Lok Sabha elections—the Parliament passed the 103rd Constitution Amendment whichintroduce the EWS quota.
The 10 per cent reservation in public sector jobs and education was meant to benefit those who do not fall under any other quota category like Scheduled Caste (SC), Scheduled Tribe (ST) or Other Backward Classes (OBC). At the time, the Centre had left it to the states to individually implement this quota if they wanted to. So far, 16 states have implemented the EWS quota. Tamil Nadu is one of the states that vociferously argued against this system.
BJP's promise was allegedly a response to the long-standing need for affirmative action on economic criteria; however, critics are of the opinion that EWS was to appease the upper class and other dominant communities who are not considered as backward classes.
The minority view of the Constitution Bench—authored by Justice S Ravindra Bhat with ex-CJI Lalit concurring—said though quotas for the economically weak was justified, the exclusion of backward classes was violative.
2) What is the economic threshold for getting the benefit?
An individual from a family that cumulatively earns up to Rs. 8 lakhs per annum is eligible for education and jobs in the public sector. According to a Department of Personnel and Training (DoPT) circular, for eligibility under the EWS scheme:
- Annual income less than Rs. 8 lakhs per annum
- Cannot own more than five acres of agricultural land, irrespective of income
- Residential flat area should be less than 1000 sq ft
- Residential plot area should be less than 100 square yards, if in a notified municipality sector
- Residential plot area should be less than 200 square yards, if in a non-notified municipality sector
According to the FAQs available on the DoPT website, persons belonging to EWSs and those not covered under any reservation scheme for SCs, STs and OBCs shall get 10 percent reservation in direct recruitment in civil posts and services in the Government of India. Applicants belonging to SC, ST or OBC included in the Central List residing in any of the States/UTs are not eligible for EWS reservation in respect of posts/services of the Government of India, it said.
It further added, that any person who belongs to the OBC in a State list but not in Central List, he/she can apply for the Income and Asset Certificate (EWS proof) for applying to posts and services of the Government of India to avail of EWS reservation subject to fulfilling other conditions.
In October 2021, the Supreme Court asked the Centre how it arrived at the Rs. 8 lakh cut-off. The Centre in its January affidavit—which relied on its committee report—said the cut-off was a "feasible criterion" to define the "Economical Weaker Sections" (EWS) in society and it was a "reasonable" threshold to determine the same.
3) How to get an EWS Certificate?
A person who wants EWS proof must have an 'Income and Asset Certificate' to claim his quota.
To obtain this certificate one must begin by collecting the application form from their local authority (likes of a tehsil/municipality/panchayat etc). The form is also available on the state's government portals.
Documents required during the time of submission may include passport size photograph, ID proof, ration card/adhaar card, affidavit/self-declaration form, domicile certificate, residential proof, ITR returns of all family members, land/property documents, valid documents proving Family Asset and Income. These are basic documents. Every state may have its own unique requirements and procedure.
After submission, the application will be scrutinised and the EWS certificate will be issued by a gazetted officer, not below the rank of a tehsildar.
Also Read:NEET PG Counselling 2021 To Commence As Per Existing Quota: SC
4) Why are other backward castes excluded?
According to the Supreme Court's majority opinion, there is a "definite logic" to the exclusion of the backward classes from the scheme of the EWS quota.
"…Rather this exclusion is inevitable for the true operation and effect of the scheme of EWS reservation," Justice Dinesh Maheshwari, one of the five judges on the bench observed. The parliament has already provided the people of those classes with "affirmative action in terms of reservation", Justice Maheshwari reasoned. "There was no need to extend them or any of their constituents yet another benefit in the affirmative action of reservation carved out for other economically weaker sections," he added.
"Moreover, the benefit of reservation avails to the excluded classes/castes under the existing clauses of Articles 15 and 16; and by the amendment in question, the quota earmarked for them is not depleted in any manner," Justice Maheshwari's opinion read.
"In fact, the affirmative action of reservation for a particular target group, to achieve its desired results, has to be carved out by exclusion of others," his opinion said.
Justices Bela Trivedi and JB Pardiwala concurred with Justice Maheshwari's opinion.
"Just as equals cannot be treated unequally, unequals also cannot be treated equally. The Scheduled Castes/Scheduled Tribes and the backward class for whom the special provisions have already been provided (in the constitution) …form a separate category as distinguished from the general or unreserved category. They cannot be treated at par with the citizens belonging to the general or unreserved category," Justice Trivedi's separate but concurring opinion read.
5) Are religious minorities eligible under the EWS quota?
The EWS quota is secular, and all religious minorities are eligible for the same provided they meet the criteria as laid out by the DoPT.
