ECONOMICALLY WEAKER SECTIONS (EWS)-


ECONOMICALLY WEAKER SECTIONS (EWS)
Recently, Supreme Court Constitutional Bench upheld validity of 103rd Constitutional Amendment which introduced 10% quota for EWS in education and public employment.

About EWS quota
• EWS reservation was granted based on recommendations of Sinho commission (submitted
report in 2010).
• 103rd Amendment Act 2019 inserted Articles 15(6) and 16(6) in Constitution to provide reservation to EWS among non-OBC and non- SC/ST sections of the population.

* Act enables both central and state governments to provide reservations to EWS.
* However, decision to implement reservations for EWS in state government jobs and educational institutions rests with state governments.
* Act amended Article 15 to additionally permit government to provide for advancement of EWS.
* Further, up to 10% of seats may be reserved for such sections for admission in educational institutions.
*  Such reservation will not apply to minority   educational institutions.
• Act also amended Article 16 to permit the government to reserve up to 10% of all posts for “EWS” of citizens.
• EWS reservation is in addition to existing reservation.
A person not covered under reservation for SCs, STs, and OBCs, and whose family had a gross annual income below Rs 8 lakh, was to be identified as EWS for reservation.
. Also excluded were those who had five acres of agricultural land, or
. A residential flat of 1,000 square feet, or  A residential plot of 100 square yards and above in notified municipalities, or 200 square yards in other areas.

Significance of Judgement
• Reshapes politics of affirmative action:
 EWS quota moves the reservation discussion beyond Mandal debate (weighed in favor of caste reservation).
* In Ram Singh and Ors. vs Union of India case, 2015, SC suggested the need for a non-caste based identification of backward classes.
* Attempt to elevate poor among general category: EWS quota provides economic justice to those who
have not been the beneficiaries of affirmative action like reservation.
* By reading caste alongside class, it reconfigures India’s affirmative action policy by offering an  expansive view.

Concerns related to EWS quota
• Reservation is for social upliftment: Reservation cannot be used as a poverty alleviation measure.
Poverty can be alleviated by other means like scholarships.
• Violates principle of equality: By excluding OBCs, SC/ST communities from EWS, there is a clear violation of equality in their eligibility to avail of a part of the open competition opportunities.
• Issue with income criteria: Income criterion of ₹8 lakh a year has already been questioned as it is liable
to result in excessive coverage of socially advanced classes.
• Tool of populism: Critics have raised concerns about political implications of EWS quota, highlighting its
potential to exacerbate social tensions.

Way Forward 
* A more detailed data and guidelines for identifying most genuine target groups is crucial to ensure that
extremely needy individuals get benefit of this policy.
* Also, government should consider both opening up the EWS quota to all communities and keeping
income criterion much lower than ceiling (can be at same level as income tax slab).
• Continuous evolution of conceptual framework is necessary to ensure that affirmative actions are
increasingly inclusive in capturing backwardness.
• Policies should focus on expanding employment   opportunity for EWS.
• Government should prioritize enhancing the quality of educational institutions to reduce the demand
for reservations and ensure equal access for all students.

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