Economically Weaker Section:

Introduction:

• The 10% EWS quota was introduced under the 103rd Constitution (Amendment) Act, 2019 by amending Articles 15 and 16.
• It inserted Article 15 (6) and Article 16 (6).
• It is for economic reservation in jobs and admissions in educational institutes for Economically Weaker Sections (EWS).
• It was enacted to promote the welfare of the poor not covered by the 50% reservation policy for Scheduled Castes (SCs), Scheduled Tribes (STs) and Socially and Educationally Backward Classes (SEBC).
• It enables both the Centre and the States to provide reservations to the EWS of society.

Background:

• EWS reservation was granted based on the recommendations of a commission headed by Major General (retd) S R Sinho.
• The Commission for Economically Backward Classes was constituted by the then UPA government in 2005, and submitted its report in July 2010.
• Based on this, the Cabinet in January 2019 decided to amend the Constitution (103rd Amendment) to provide reservation to EWS.

Eligibility

1. A ‘general’ candidate (not covered under reservation for SC, ST or OBC).
2. Family’s gross annual income should be below Rs. 8 lakhs. This includes income from all sources such as agriculture, salary, business, etc. for the financial year before you apply for the exam.
3. Family should not own agricultural land of size 5 acres or more.
4. Family should not own a residential flat of area 1000 square feet or more.
5. Family should not own a residential plot (in notified municipalities) of an area 100 square yards or more.
6. Family should not own a residential plot (other than in notified municipalities) of area 200 square yards or more.

What is ‘Family’ according to the EWS Reservation rules?

• For this reservation, ‘family’ includes the following:
• The person seeking the reservation.
• His/her parents.
• His/her siblings below the age of 18 years.
• His/her spouse and children below the age of 18 years.
• The land or property owned by the family in different locations should be clubbed while checking the eligibility conditions for EWS reservations.

Significance of the quota

1. Constitutional recognition of the Economic Backwards:
2. Empowering economically weaker sections:
3. Reduction of Caste Based Discrimination: Gradually remove the stigma associated with reservation because reservation has historically been related with caste.

Concern:

1. Unavailability of Data:
2. Arbitrary Criteria

Criticism

• The amendments also run contrary to the judgment pronounced in the Indra Sawhney V. Union of India 1992 case, that a backward class cannot be determined only and exclusively with reference to economic criteria.
• The amendments alter the 50% quota limit set up in Indra Sawhney V. Union of India 1992 case, which according to the petitioner is a part Basic Structure of the Constitution.
• The amendments run contrary to the constitutional scheme, where no segment of available seats/posts can be reserved, only on the basis of economic criteria.

Way forward

• There has to be collective wisdom to define and measure the economic weakness of certain sections of the society in order to shape the concept of economic justice. The centre needs to resort to more rational criteria for deciding the targeted beneficiary of this reservation system. Caste Census data can be useful in this regard

Daily Current Affairs Youtube Link

https://www.youtube.com/watch?v=hpHsjpOFvuY