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22 September 2022 – The Hindu

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EWS Reservation

EWS Quota: Background Information:

  • The 103rd Constitutional Amendment established the 10% reservation, which became effective in January 2019.
  • In order to give the government the authority to enact specific arrangements for the EWS among people, except those in the classes that already enjoy reservation, it introduced Clause (6) to Article 15.
  • Reservation is permitted up to a maximum of 10% in educational institutions, both public and private, whether aided or unassisted, excluding those administered by minority institutions.
  • Additionally, it amended Article 16 to introduce Clause (6) to make reservations in employment easier.
  • The inclusion of the EWS reserve to the current reservation is made evident by the new clauses.

Beginning of the EWS Quota:

  • A commission led by Major General (retired) S R Sinho made recommendations that led to the EWS reservation being approved.
  • The then-UPA government established the Commission for Economically Backward Classes in 2005, and it turned in its final report in July 2010.
  • Based on this, the Cabinet made the decision to add a reservation for EWS to the Constitution (the 103rd Amendment) in January 2019.

The new committee was created for what purpose?

  • The committee sought to review the standards for identifying the economically weaker regions in light of the requirements of the Constitution’s interpretation of Article 15.
  • It came after the Supreme Court said that the income threshold used to determine EWS was “arbitrary.”

Meaning of the quota:

  • Empowering economically disadvantaged groups: The 10% quota is progressive and could address the issues of educational and income inequality in India, as the economically disadvantaged groups of citizens have been kept out of higher education institutions and government employment because of their financial inability.
  • Constitutional recognition of the Economic Backwards: There are many additional people or groups who are suffering from hunger and poverty in addition to the backward classes.
  • The poor from the higher castes would receive constitutional status thanks to the planned reservation through a constitutional change.
  • Reduction of Caste-Based Discrimination: Because reservations have historically been linked to caste and the upper caste frequently looks down on those who enter through reservations, this will progressively reduce the stigma associated with reservations.
  • In Ram Singh v. Union of India (2015), the Supreme Court argued that social problems could extend beyond the idea of caste (for instance, economic position or gender identity in the case of transgender people).

What standards are used to determine the section?

  • The primary requirement is that those with annual incomes of more than Rs. 8 lakh be excluded.
  • For the fiscal year prior to the application, it accounts for revenue from all sources, including salary, business, farming, and profession for the family, applicants, and their parents, siblings, and minor children.

Having any of these possessions can also exclude someone from the EWS pool:

  • Agricultural land covering five acres or more.
  • A residential unit that is 1,000 square feet or more.
  • Any residential plot in notified municipalities that is 100 square yards or larger.
  • A residential property in another location that is 200 square yards or larger.

What queries does the court have regarding the standards?

  • Reduction within general category: The EWS quota continues to be controversial since, according to its detractors, it goes above the 50% cap on the total reserve while also reducing the size of the open category.
  • Arbitrariness regarding income cap: The court has been perplexed by the income cap, which is set at $8 lakh annually. The cost of omitting the “creamy layer” from OBC reservation advantages is the same.
  • Social and economic illiteracy One significant distinction is that, unlike people who fall under the OBC classification, those in the general group, to whom the EWS quota is applicable, do not experience social or educational backwardness.
  • Other questions about whether any effort was made to determine the exceptions include why the flat criterion does not make a distinction between metropolitan and non-metropolitan locations.
  • When the OBC category is socially and educationally behind and, as a result, has additional challenges to surmount, this is the issue the court has raised.
  • Not supported by pertinent data In accordance with the Supreme Court’s well-known stance that any exclusionary criteria or standards should be supported by relevant facts.
  • Exceeds the 50% reservation cap: The Indira Sawhney Case determined that there is a 50% reservation cap. Reservation is permitted by the equality-balancing principle.

What is the EWS quota’s current status?

  • The Union Government has been implementing the EWS reservation for the past two years.
  • The category has a lower cut-off mark than the OBC, according to the results of the recruitment tests, which has angered the longtime caste-based reservation recipients.
  • The reason the cut-off is low is because so few people are now applying under the EWS category – one must have an income certificate from the revenue authorities.
  • The cut-off points, on the other hand, are anticipated to increase as the number increases over time.

Issues with the EWS Quota in Practice:

  • The EWS quota will shortly be subject to judicial review. But the Indian Parliament should review the law as well; it is not just a problem for the judiciary.
  • hurried legislation This bill was quickly passed. Within 48 hours, it was approved by the president and enacted by both houses.
  • Appeasement of minorities: It is widely believed that the law was passed in order to placate a particular segment of upper-caste society and to quell the demands for reservations for minorities.
  • Morality is contested: Imagine! With only a few hours of thought and without the targeted group’s input, a constitutional change was made. This clearly goes against constitutional propriety and morals.
  • Significant support is lacking: This amendment’s premise is incorrect or unproven. Due to the lack of evidence provided by the government, this is at best a wild guess or conjecture.
  • Under-reservation of Backward Classes: The claim is founded on the fact that we have various data to show that SC, ST, and OBCs are underrepresented. That implies a predominance of the “higher” castes (with 100 minus reservation).
  • 10% justification: There is still a difficulty with this. Based on their overall population, the SC and ST quotas are applied. However, the 10% quota’s justification was never brought up.
  • Principle of Equality: Economic sluggishness can take many different forms. Historical wrongdoings and liabilities committed against the Backward Classes have nothing to do with it.

Does India require reservations?

  • The obligation of the state to guarantee status and opportunity equality: Reservations are a tool against social oppression and injustice against particular classes. Reservation, also referred to as affirmative action, aids in raising downtrodden classes.
  • Reservation is but one strategy for uplifting society: There are other further approaches, including offering grants, coaching, scholarships, and other welfare programmes.
  • Election-bank politics Only socially and educationally disadvantaged classes were eligible for reservations under the Indian Constitution. In India, it changed from class-based reservation to caste-based reservation.
  • Mandatory Report of Commission: The reservation was initially exclusively meant to benefit SC/ST groups, and only for a 10-year period (1951-1961). But since since, it has been prolonged.
  • The Mandal Commission Report was implemented in 1990, and as a result, the reservation’s boundaries were expanded to accommodate Other Backward Communities (OBCs).
  • Few groups (or households) eventually began to benefit from the reservation, alienating the truly worthy ones in the process. Reservations are still in high demand even 70 years after independence.
  • Things have now gotten more complicated since economic factors for quota have been added to the caste-conditions that already existed.

Moving ahead:

  • Maintaining merit: It is possible that the appalling level of economic backwardness in our nation is impeding the pursuit of excellence.
  • Rational criteria: In order to define and quantify the economic vulnerability of particular segments of society, collective wisdom is required in order to mould the idea of economic justice.
  • judicial direction The decision-making process for the EWS Quota criteria will move forward on the basis of judicial interpretation.
  • targeted recipients. The centre must use more logical criteria to identify the intended recipients of this reservation system. Data from the caste census may be helpful in this regard.
  • Income analysis: When establishing a single income ceiling for the entire nation, consideration should be given to factors such as per capita income, GDP, and the disparity in purchasing power between rural and urban areas.

Conclusion:

  • A constitutional provision known as reservation seeks to guarantee that members of underprivileged social groups take part in nation-building efforts with all other citizens.
  • The EWS quota’s undermining of the constitutional reservation system is evidenced by the ambiguities raised above.

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