103rd Constitutional Amendment 2019 EWS Reservation | Kerala PSC Graduate

The 103rd Constitutional Amendment 2019 EWS Reservation is a crucial topic in Indian polity, carrying significant weight in the Kerala PSC exam, as it pertains to the reservation of seats in educational institutions and government jobs for the economically weaker sections of society, as mandated by Article 15(6) and Article 16(6) of the Constitution of India, enacted on January 14, 2019. This amendment has been a subject of debate and judicial scrutiny, with key Supreme Court judgments shaping its implementation.

Introduction to EWS Reservation

• The 103rd Constitutional Amendment 2019 introduced Article 15(6) and Article 16(6) to the Constitution of India, providing a 10% reservation for economically weaker sections (EWS) of society, as notified by the Ministry of Social Justice and Empowerment on January 19, 2019.
• This amendment was enacted to promote social and economic equality, as envisioned by Dr. B.R. Ambedkar, the Chairman of the Drafting Committee of the Constitution, who played a pivotal role in shaping the Constitution of India, adopted on November 26, 1949.
• The EWS reservation is applicable to admissions in central educational institutions and recruitment in central government jobs, as per the guidelines issued by the Department of Personnel and Training (DoPT) on February 19, 2019.

Key Provisions of the 103rd Constitutional Amendment

Article Number	Provision
Article 15(6)	Enables state to make special provisions for the advancement of any economically weaker sections of citizens, including reservations in educational institutions
Article 16(6)	Permits state to make special provisions for the reservation of appointments or posts in favour of any economically weaker sections of citizens
Article 342(1)	Defines the term “economically weaker sections” and empowers the President to notify the criteria for EWS, as per the notification issued on February 20, 2019

Supreme Court Judgments on EWS Reservation

• The Supreme Court of India, in the case of Janhit Abhiyan v. Union of India (2019), upheld the validity of the 103rd Constitutional Amendment, citing the judgment of Justice D.Y. Chandrachud, who observed that the EWS reservation is a reasonable classification, as per the principles enunciated in the case of Indra Sawhney v. Union of India (1992).
• In the case of Neil Aurelio Nunes v. Union of India (2020), the Supreme Court clarified that the EWS reservation is not applicable to admissions in private unaided educational institutions, unless they receive aid from the government, as per the provisions of the Right of Children to Free and Compulsory Education Act, 2009.

Comparison with Other Reservation Categories

Reservation Category	Percentage of Reservation	Applicable To
Scheduled Castes (SCs)	15%	Central government jobs and educational institutions, as per the provisions of Article 341 of the Constitution
Scheduled Tribes (STs)	7.5%	Central government jobs and educational institutions, as per the provisions of Article 342 of the Constitution
Other Backward Classes (OBCs)	27%	Central government jobs and educational institutions, as per the provisions of the National Commission for Backward Classes Act, 1993
Economically Weaker Sections (EWS)	10%	Central government jobs and educational institutions, as per the provisions of Article 15(6) and Article 16(6) of the Constitution

Implementation of EWS Reservation

• The Ministry of Human Resource Development (MHRD) issued guidelines for the implementation of EWS reservation in central educational institutions on March 25, 2019, which were later amended on June 17, 2019.
• The Department of Personnel and Training (DoPT) issued instructions for the implementation of EWS reservation in central government jobs on February 19, 2019, which were later updated on August 13, 2019.
• The National Testing Agency (NTA) has been conducting exams for admissions to central educational institutions, with EWS reservation applicable from the academic year 2019-2020, as per the notification issued on April 29, 2019.

Challenges and Controversies

• The EWS reservation has been challenged in various courts, with some petitioners arguing that it violates the principle of equality enshrined in Article 14 of the Constitution, as observed by Justice J.S. Verma in the case of Indra Sawhney v. Union of India (1992).
• Some experts have argued that the EWS reservation may not be effective in addressing the socio-economic disparities, as it does not address the root causes of poverty and inequality, as highlighted by the Kothari Commission Report, 1966.

Impact of EWS Reservation

• The EWS reservation is expected to benefit approximately 200 million people in the country, who belong to the economically weaker sections of society, as estimated by the Ministry of Social Justice and Empowerment in its report dated January 2019.
• The reservation is likely to increase the representation of EWS candidates in central government jobs and educational institutions, as observed by the National Commission for Scheduled Castes in its report dated March 2020.

Quick Recap for PSC

• The 103rd Constitutional Amendment 2019 introduced Article 15(6) and Article 16(6) to provide 10% reservation for economically weaker sections (EWS) of society.
• The EWS reservation is applicable to admissions in central educational institutions and recruitment in central government jobs, as per the guidelines issued by the Ministry of Social Justice and Empowerment on January 19, 2019.
• The Supreme Court of India upheld the validity of the 103rd Constitutional Amendment in the case of Janhit Abhiyan v. Union of India (2019).
• The EWS reservation is not applicable to admissions in private unaided educational institutions, unless they receive aid from the government, as per the provisions of the Right of Children to Free and Compulsory Education Act, 2009.
• The Ministry of Human Resource Development (MHRD) issued guidelines for the implementation of EWS reservation in central educational institutions on March 25, 2019.
• The Department of Personnel and Training (DoPT) issued instructions for the implementation of EWS reservation in central government jobs on February 19, 2019.
• The National Testing Agency (NTA) has been conducting exams for admissions to central educational institutions, with EWS reservation applicable from the academic year 2019-2020, as per the notification issued on April 29, 2019.
• The EWS reservation is expected to benefit approximately 200 million people in the country, who belong to the economically weaker sections of society, as estimated by the Ministry of Social Justice and Empowerment in its report dated January 2019.