Key Terms & Concepts — UPSC Mains
EWS Reservation
"10% reservation in government jobs and higher education for Economically Weaker Sections among general category citizens, introduced by the 103rd Constitutional Amendment Act of 2019."
The EWS (Economically Weaker Sections) reservation was introduced through the Constitution (103rd Amendment) Act, 2019, which inserted clauses (6) in both Articles 15 and 16. Article 15(6) allows the State to make special provisions for the advancement of EWS citizens for admission to educational institutions (including private unaided institutions, except minority institutions). Article 16(6) allows reservation in government posts and services for EWS. The amendment defines EWS as those who do not belong to SC, ST, or OBC categories and whose annual family income is below Rs 8 lakh. Additional criteria include: not possessing 5 acres or more of agricultural land; not possessing a residential flat of 1,000 sq ft or more; not possessing a residential plot of 100 sq yards or more in a notified municipality; and not possessing a residential plot of 200 sq yards or more in a non-notified municipality. This 10% quota is in addition to the existing 50% reservation for SC/ST/OBC — thereby taking total reservation in central services to potentially 60%. The constitutional validity of the 103rd Amendment was challenged in the Supreme Court. In Janhit Abhiyan v. Union of India (2022), a 5-judge Constitution bench upheld the amendment by a 3:2 majority. The majority held that providing reservation for the economically weak among general category did not violate the basic structure. The two dissenting judges (Justices Ravindra Bhat and Bela Trivedi) held that excluding SCs, STs, and OBCs from EWS violated the non-discrimination guarantee and the equality code.
Highly relevant for UPSC GS2 Polity and Social Justice topics. The Janhit Abhiyan case (2022) is a landmark judgment on the scope of constitutional amendments and the limits of the basic structure doctrine. Key debate: the amendment effectively breaches the 50% ceiling on reservations set in Indra Sawhney (1992) — the majority in Janhit Abhiyan held that the 50% ceiling is not inviolable. Contrast with creamy layer: EWS is purely income-based for the general category; creamy layer exclusion applies to OBCs. Also relevant: Is economic backwardness alone a valid basis for reservation, or does reservation under the Indian Constitution presuppose social backwardness?
- 1 103rd Constitutional Amendment Act, 2019: inserted Articles 15(6) and 16(6)
- 2 10% reservation for EWS in government jobs and higher education including private unaided institutions
- 3 Eligibility: general category (non-SC/ST/OBC) with annual family income below Rs 8 lakh
- 4 Additional land/property criteria for EWS eligibility
- 5 Upheld by Supreme Court 3:2 in Janhit Abhiyan v. Union of India (2022)
- 6 Effectively pushes total reservation beyond 50% ceiling set in Indra Sawhney (1992)
- 7 Dissent: excluding OBCs from EWS violates equality code and basic structure
- 8 Applies to central government — states can legislate their own EWS criteria
After the 103rd Amendment, a general category student from a family with annual income of Rs 6 lakh whose parents own a small apartment in a non-notified area may qualify for EWS reservation for admission to IITs and central universities, provided they meet all property criteria.