Economically Weaker Sections

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economically weaker sections

News Highlight

The 103rd Constitution Amendment Act of 2019 introduced reservations for economically weaker sections (EWS) in education and public employment.

Key Takeaway,

  • The reservation system in India takes two forms: 
    • Vertical reservation
    • Horizontal reservation
  • The vertical reservation (VR), until 2019, was defined for stigmatised and marginalised social groups (SCs, STs and OBCs).
  • The horizontal reservation (HR), is applicable to cross-cutting categories such as women, people with disability (PWD), and domicile.

The 103rd Constitutional Amendment

  • The 103rd Constitutional Amendment Act of 2019 provides for a 10% reservation on government jobs and educational institutions to EWS among those who are not covered under any reservation plan.
  • Qualification Criteria:
    • Whose entire family’s annual income is less than Rs. 8 lakhs.
    • Don’t have more than 5 acres of farmland.
    • Do not own a residential apartment with 1000 square feet or more square footage.
    • Do not own a residential plot with a size of 100 yards or more in notified municipalities or 200 yards or more in non-notified municipalities.

The arguments for reservation on economic grounds

  • Constitutional mandate:
    • Article 46 of the constitution provides that the state shall promote the educational and economic interests of the weaker section of society with special care.
  • Need for new deprivation assessment criteria:
    • The Supreme Court in Ram Singh vs Union of India (2015) held that social deficiencies might exist beyond caste(example-economic status, gender identity, etc.).
    • Therefore, need to move away from the caste-centric definition of backwardness to let the list be dynamic, and the most distressed can benefit.
  • Castles society:
    • Reservation based on the economic background may pave the way for a casteless society, which was initially the purpose of Dr Ambedkar’s reservation system.

The arguments against reservation on economic grounds

  • To undo historical injustice:
    • Caste-based reservation is necessary for India because of historical negligence and injustice caused to those backward communities.
  • Judicial review:
    • In the Indra Sawhney case, the Supreme Court denied reservation based on economic criteria.
  • Breaches Reservation Cap:
    • In the Indira Sawhney case in 1992, the nine-judge Constitution bench put a cap of 50%.
    • The EWS quota breaches this limit without considering this issue.
  • It undermines structural inequality:
    • Reservation addresses structural inequality and is not a means to become financially well off. 
    • The purpose of reservation is to provide representation or empowerment to classes of people who were historically denied access to education and employment.

Constitutional provisions related to reservations.

  • The Preamble:
    • The Preamble advocates “social, economic, and political fairness.” The goal is to create a society that is free of discrimination. It entails giving priority to the weaker members of the community.
  • Part XVI of the Constitution:
    • It deals with reserving the Scheduled Castes (SCs) and Scheduled Tribes (STs) in the central and state legislatures.
  • Articles 15(4) and 16(4):
    • It allowed state and central governments to set reservation seats in government services for members of the SC and ST communities.
  • Articles 330 and 332:
    • It provides particular representation in the Parliament and State Legislative Assemblies by reserving seats for SCs and STs.
  • Article 243D:
    • Under it, every panchayat is required by Article 243D to reserve seats for SCs and STs.
  • Article 233T:
    • Under it, every municipality is required by Article 233T to reserve seats for SCs and STs.

Content Source: The Hindu

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