Malcolm Rivera
The 103rd Constitutional Amendment Act, passed in 2019, introduced a 10% reservation quota for individuals belonging to the economically weaker sections (EWS) of society in government jobs and educational institutions. The amendment was designed to enhance and strengthen educational access for historically underrepresented populations and promote equality of opportunity among individuals, regardless of their social background. It received criticism for infringing on the basic structure of the Constitution and for being against the idea of equal opportunity. In 2022, the Supreme Court of India upheld the constitutional validity of the amendment by a 3-2 vote.
| Characteristics | Values |
|---|---|
| Objective | To enhance and strengthen educational access for historically underrepresented populations |
| Focus | Individuals from the general category who are not covered by existing SCs, STs or OBCs reservations |
| Reservation | 10% quota for economically weaker sections (EWS) in government employment and educational institutions |
| Applicability | All educational institutions, including private institutions, whether aided or unaided, except for minority institutions under Article 30(1) |
| Constitutional Mandate | Consistent with Article 46 (Directive Principles of State Policy) of the Constitution |
| Constitutional Validity | Upheld by the Supreme Court of India in 2022 by a 3:2 vote |
| Articles Added | Article 15(6) and Article 16(6) |
| Introduced in | Lok Sabha by the Minister of Social Justice and Empowerment, Mr. Thaawar Chand Gehlot |
| Passed in Lok Sabha | Yes (323 members voting in favour) |
| Passed in Rajya Sabha | Yes (165 members voting in favour) |
| Received Presidential Assent | Yes, on 12 January 2019 |
| Came into Effect | 14 January 2019 |
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What You'll Learn
- The 103rd Constitutional Amendment Act introduced reservations for economically weaker sections (EWS)
- The amendment applies to both government jobs and educational institutions
- It extends affirmative action beyond caste-based criteria
- The amendment was upheld as constitutional by the Supreme Court of India in 2022
- The act was criticised for infringing on the basic structure of the constitution
The 103rd Constitutional Amendment Act introduced reservations for economically weaker sections (EWS)
The 103rd Constitutional Amendment Act, passed in 2019, introduced reservations for economically weaker sections (EWS) in India. This amendment seeks to address economic inequality and enhance educational access for those facing economic challenges. The act added Articles 15(6) and 16(6) to the Constitution, allowing for a 10% reservation for the EWS in government jobs and educational institutions, including private institutions.
The amendment's objective is to promote equality of opportunity by expanding reservation policies to include economically disadvantaged sections, regardless of their social background or caste. It acknowledges that poverty and limited financial means can impede access to education and employment, contributing to social inequity. By providing reservations in these areas, the amendment aims to establish a more equitable environment for all segments of society.
The 103rd Constitutional Amendment Act was introduced to address specific socio-economic challenges and extend affirmative action to the EWS. It is consistent with Article 46 (Directive Principles of State Policy) of the Constitution, which mandates the state to promote the educational and economic interests of marginalised groups. This amendment responds to growing political and social demands to include economically disadvantaged individuals from the general category, broadening the scope of affirmative action beyond caste-based criteria.
The Supreme Court of India upheld the constitutional validity of the amendment in a landmark 3:2 decision in the Janhit Abhiyan vs Union of India case in 2022. While the amendment has been lauded as a tool for economic justice, it has also faced criticism for potentially infringing on the basic structure of the Constitution and the idea of equal opportunity. The implementation of the amendment poses administrative challenges, and there are concerns about its impact on the quality of education and the potential for mediocrity.
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The amendment applies to both government jobs and educational institutions
The 103rd Constitutional Amendment Act, passed in 2019, introduced a 10% reservation quota for individuals belonging to the economically weaker sections (EWS) of society. This reservation applies to both government jobs and educational institutions, including private institutions, whether aided or unaided. The amendment seeks to promote equality of opportunity and enhance social integration by expanding reservation policies beyond caste-based criteria.
The implementation of this measure aims to provide students facing economic challenges with access to high-quality education, which may enhance their socio-economic standing. It acknowledges that poverty and limited financial means can impede access to educational and occupational prospects, contributing to persistent social inequity. By addressing these disparities, the amendment aims to reduce economic inequality and broaden affirmative action.
The reservation policy under this amendment is specifically for individuals from the general category who are not covered by existing reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). It is consistent with Article 46 of the Constitution, which directs the state to promote the educational and economic interests of marginalised groups.
The 103rd Constitutional Amendment Act adds Articles 15(6) and 16(6), granting the government the authority to offer reservations based on economic considerations. This amendment has been upheld by India's Supreme Court, which stated that the 10% EWS reservation is constitutional.
The Act has been praised as a tool for economic justice, but it has also faced criticism for potentially impacting the quality of education and favouring a few at the expense of equal opportunity. Nonetheless, the 103rd Constitutional Amendment Act represents a significant milestone in India's efforts to enhance educational access and promote equality of opportunity for its citizens facing economic challenges.
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It extends affirmative action beyond caste-based criteria
The 103rd Constitutional Amendment Act, passed in 2019, introduced a 10% reservation quota for economically weaker sections (EWS) of society. This reservation applies to admissions in educational institutions and appointments to government jobs. The act amends the Constitution of India, 1950, to include Article 15(6) and Article 16(6), which allow the government to make reservations based on economic criteria.
The amendment extends affirmative action beyond caste-based criteria by focusing on economic status rather than social background. It aims to address economic inequality and enhance social integration by providing opportunities to economically disadvantaged individuals who are not eligible for existing reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). This measure is anticipated to improve access to high-quality education for millions, potentially enhancing their socio-economic standing and reducing social inequity.
The expansion of reservation policy to include economic criteria is a significant milestone in India's commitment to affirmative action and societal integration. It acknowledges that poverty and limited financial means can impede access to education and employment, contributing to persistent social inequity. By providing reservations for EWS, the amendment seeks to promote equality of opportunity and establish a more equitable environment for all segments of society.
The inclusion of economic criteria in affirmative action has been both lauded and criticised. Supporters view it as a tool for economic justice and a necessary step towards balancing the reservation system. However, critics argue that it may lead to mediocrity in educational institutions and infringe on the principle of equal opportunity. There are also concerns about the administrative burden of implementing the quota and accommodating additional reservations in institutions with limited infrastructure and resources.
The constitutional validity of the amendment has been upheld by India's Supreme Court in the Janhit Abhiyan vs Union of India case in 2022, which concluded that the amendment did not violate the basic structure of the Constitution. This decision affirmed the Act's consistency with Article 46, which mandates the state to promote the educational and economic interests of marginalised groups.
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The amendment was upheld as constitutional by the Supreme Court of India in 2022
The 103rd Constitutional Amendment Act, introduced in 2019, brought about significant changes to India's affirmative action policies. The amendment's main objective was to address economic inequality and extend affirmative action to economically weaker sections (EWS) of society. This was done by introducing a 10% reservation quota for the EWS in educational institutions and government jobs.
In 2022, the Supreme Court of India upheld the constitutional validity of the 103rd Constitutional Amendment Act in the case of Janhit Abhiyan v. Union of India. The judgement was delivered by a five-judge bench comprising Chief Justice Uday Umesh Lalit, Justice Dinesh Maheshwari, Justice S. Ravindra Bhat, Justice Bela M. Trivedi, and Justice J.B. Pardiwala. The amendment was upheld by a majority of 3:2, with Justices Maheshwari, Trivedi, and Pardiwala supporting the amendment and Chief Justice Lalit and Justice Bhat dissenting.
The key issues considered by the Court were whether the amendment violated the basic structure of the Constitution, excluded poor individuals from the Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) categories from the EWS quota, and breached the 50% ceiling limit for reservations. The Court held that the amendment did not violate the Constitution's fundamental structure and that the concept of economic justice was equally important as real and substantive equality.
The Supreme Court's decision affirmed the expansion of India's reservation policy to include economically disadvantaged groups, marking a significant shift in the country's approach to affirmative action. The judgement also set a precedent for future constitutional amendments and affirmative action policies, particularly regarding the interpretation of the 50% reservation cap and the use of economic criteria.
The 103rd Constitutional Amendment Act continues to have important implications for Indian society, promoting equality of opportunity and social integration by addressing economic disparities and expanding access to education and employment for the EWS.
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The act was criticised for infringing on the basic structure of the constitution
The 103rd Constitutional Amendment Act, passed in 2019, introduced reservations for economically weaker sections of society. The Act added Articles 15(6) and 16(6) to the Constitution of India, 1950, granting the government the authority to offer 10% reservations in government jobs and educational institutions for individuals falling within the economically backward sections in the unreserved category.
The Act has been criticised for infringing on the basic structure of the Constitution. One of the main criticisms is that it violates the equality principle by treating equals as unequals and unequals as equals. This criticism is based on the Supreme Court ruling in M.G. Badappanavar v. State of Karnataka (2000), which stated that "equality is the basic feature of the Constitution and any treatment of equals as unequals or any treatment of unequals as equals would violate the basic structure of the Constitution". The 103rd Amendment, by introducing economic criteria for reservations, is seen as departing from the principle of equality as currently understood in the Constitution.
Another criticism is that the Amendment violates the 50% maximum limit for reservations, as set by Indra Sawhney, and thus breaches the basic structure doctrine. The Amendment has also been criticised for excluding the poor among the SC/ST/OBC categories from the EWS Quota, further exacerbating the inequality.
In addition to these criticisms, the swift passage of the Amendment through both houses of Parliament (in just 48 hours) has raised questions about democratic accountability and the lack of concrete and specific terms defining the basic structure. Despite these criticisms, the Supreme Court upheld the constitutional validity of the Amendment in the Janhit Abhiyan v. Union of India case in 2022 by a 3:2 majority, stating that the 10% EWS reservation is constitutional and does not violate the basic structure of the Constitution.
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Frequently asked questions
The 103rd Constitutional Amendment Act was passed in India in 2019. It introduced a 10% reservation quota for individuals from economically weaker sections (EWS) of society for government jobs and educational institutions.
The act was implemented to address specific socio-economic challenges and to promote equality of opportunity among individuals, regardless of their social background.
The act significantly broadened India's reservation policy by incorporating economically disadvantaged groups. It also increased administrative efforts to identify eligible beneficiaries and avoid overlap with existing reservations.
Yes, in 2022, the Supreme Court of India upheld the act by a 3-2 vote. However, it has faced criticism for allegedly infringing on the basic structure of the Constitution and breaching the 50% reservation limit.
