Understanding India’s Economically Weaker Section (EWS) Demographic: A Critical Overview

• Who are Economically Weaker Section: The economically weaker section is the section of the society in India that belongs to the un-reserved category and has an annual family income of less than 8 lakh rupees.
  • This category includes people that do not belong to the caste categories of ST/SC/OBC who already enjoy the benefits of reservation.
• Status of EWS in India: Approximately 18.2% of India’s general population falls under the Economically Weaker Section category, which translates to around 350 million people, based on the Multi-dimensional Poverty Index utilized by Niti Ayog.

Evolution of EWS Quota in India: From V P Singh’s Proposal to the Mandal Case Judgment

• V P Singh – In 1990, V P Singh offered to bring a Constitutional amendment to enable provision of 5% or 10% reservation for individuals who are economically poor, without reference to caste.
  • However, the offer received poor attention from the Opposition.
• P V Narasimha Rao – The P V Narasimha Rao government provided reservation of 10% in the government civil posts and services for economically backward sections who are not covered by any of the existing reservation schemes.
• Mandal Case Judgement: The Supreme Court struck down the provision in Mandal case judgment on the ground that the Constitution does not provide for reservation for any individual on economic or poverty basis alone.

EWS Reservation Framework in India: Understanding the Provisions of the 103rd Amendment

• Sinho Commission: The reservation to EWS was granted based on the recommendations of the Sinho commission that submitted its report in 2010. 
• Constitutional Amendment: The 103rd Amendment Act 2019 inserted Articles 15(6) and 16(6) in the Constitution to provide 10% reservation to the Economically Weaker Section among non OBC and non-SC/ST sections of the population. 

Provisions of the Act:

• Central and State Reservations:
  • The act enables both central and state governments to provide reservations to EWS. 
  • However, it allows the state government to decide whether or not to provide reservations to the Economically Weaker Section for appointment in state government jobs and admission to state government educational institutions. 
• Article 15(6): 
  • The Act amended Article 15 to additionally permit the government to provide for advancement of EWS. 
  • Further, up to 10% of seats may be reserved for such sections for admission in educational institutions. 
  • Such reservation will not apply to minority educational institutions. 
• Article 16(6): 
  • The Act also amended Article 16 to permit the government to reserve up to 10% of all posts for the “economically weaker sections” of citizens. 
• Eligibility Criteria: EWS reservation is in addition to existing reservation. 
  • A person not covered under reservation for SCs, STs, and OBCs, and whose family has a gross annual income below Rs 8 lakh, is to be identified as EWS for reservation. 
  • Those who have five acres of agricultural land, or 
  • A residential flat of 1,000 square feet, or 
  • A residential plot of 100 square yards and above in notified municipalities, or 200 square yards in other areas are all excluded from the benefits of EWS reservation.

Key Supreme Court Verdicts on EWS Reservations: A Legal Analysis and Review

• Mandal Case Judgement: The Supreme Court struck down the provision in Mandal case judgment, 1992 on the ground that the Constitution does not provide for reservation for any individual on economic or poverty basis alone.
• Indra Sawhney case: In Indra Sawhney case 1992, the Supreme Court held that economic backwardness cannot be the sole criterion for identifying backward class.
• Janhit Abhiyan v. Union of India (2022): 
  • In this case, a Constitution Bench of the Supreme Court upheld the validity of the 103rd Constitutional Amendment, which provides for 10% reservation for Economically Weaker Sections in government jobs and educational institutions. 
  • The Court held that the amendment does not violate the basic structure of the Constitution and that it is a valid exercise of Parliament’s power to amend the Constitution.
• Review of Janhit Abhiyan v. Union of India (2023): 
  • In this case, the Supreme Court rejected a petition to review its 2022 judgment upholding the validity of Economically Weaker Section reservation. 
  • The Court held that there was no error in its previous judgment and that the review petition did not raise any new or important questions of law.

EWS Reservation: Addressing Inequality and Promoting Meritocracy in India

• To Addresses Systematic Inequality: The 10% quota can address the issues of educational and income inequality in India since the EWS have remained excluded from attending higher educational institutions and public employment due to their financial incapacity.
• To ensure Equality on the basis of meritocracy: In order to ensure equality as a basis for meritocracy, i.e. all people must be brought to the same level before they are judged on merit.
• Recognition of the Economic Backwards: The proposed reservation through a constitutional amendment would give constitutional recognition to the poor from the upper castes.
• Reduction of Caste-Based Discrimination: It will remove the stigma associated with reservation because reservation has historically been related to caste and most often the upper caste looks down upon those who come through the reservation.

EWS Reservation: Assessing Legal, Social, and Economic Implications

• Reservation for Social Upliftment, Not Financial Empowerment: Reservation should not be utilized as a poverty alleviation strategy, but rather as compensatory discrimination for historically deprived classes. Providing Scholarships and other means can address poverty issues.
• Basic structure:  It was also argued that it violates the basic structure of the Constitution and breaches the 50% ceiling for reservation fixed by the Supreme Court ruling in the Mandal Commission case.
• Violation of Equality Principle: Excluding OBCs, SC/ST communities from EWS violates the principle of equality. It restricts their eligibility for open competition opportunities, confining them within their allocated reservation quotas. 
• Challenges with Income Criteria: The income criterion of ₹8 lakh a year is higher than the exemption limit for filing income tax returns (provided to those with taxable income below ₹2.5 lakh). Also, it surpasses the national-level annual per capita income, potentially encompassing a significant portion of the population. 
• Inadequate Data: Additionally, the lack of accurate direct income data and the possibility of fraudulent income declarations create obstacles in effective implementation.
• Perceived as a Tool of Populism: Economically Weaker Section quota is viewed as a politically motivated move, potentially exacerbating social tensions. Allowing a breach of the 50% ceiling limit could set a precedent for future violations, leading to further compartmentalization and potential conflicts.

Conclusion:

• The EWS reservation policy in India, while aimed at addressing economic inequalities, remains contentious due to concerns about its potential impact on the constitutional structure, equality, and social dynamics. Its implementation has highlighted challenges related to income criteria, data accuracy, and the perception of its political motivations, underscoring the need for a nuanced approach to balance social upliftment and inclusive governance.