The Supreme Court has approved the EWS reservation. Out of the five-judge bench, 4 judges have upheld the EWS quota as constitutional. Out of the five-judge bench, 4 judges have upheld the 103rd Amendment Act 2019 of the Constitution.
What is EWS Reservation?
Under the Economic Weaker Section (EWS), there is a provision to give 10 percent reservation to economically weaker people from government jobs to educational institutions. Under this, only the poor people of general category will be given reservation i.e. they-
- Who is not SC, ST, OBC
- Whose annual income is less than 8 lakhs
- If it is a village, which has less than 5 acres of agricultural land or a house of 1000 square feet
- The family having a plot of 100 square yards in a notified corporation or 200 square yards of plot in a non-notified corporation
Why the matter regarding EWS reached the Supreme Court
The hearing was held in the Supreme Court on three questions on EWS quota-
- Is it a violation of the basic structure of the constitution to give reservation on economic grounds by the 103rd Constitutional Amendment?
- Is reservation in private schools/colleges violative of the basic structure of the Constitution by the 103rd Constitutional Amendment?
- Is keeping OBC, SC, ST out of EWS reservation a violation of the basic structure of the Constitution?
Let us tell you that if there is a change in any law given in the 103rd Amendment Constitution, a new thing is added or if a whole new draft is prepared and a law is made, then it is called Constitutional Amendment. Parliament does this work. With the 103rd amendment, Articles 15(6) and 16(6) were included in the Constitution, due to which EWS got 10 percent reservation.