Editor's Pick: Key questions to examine EWS quota

A Constitution Bench led by the Chief Justice of India has finalised three issues for examining whether the 103 rd Constitutional Amendment violates the Basic Structure of the Constitution. The 103 rd Constitutional Amendment provides 10% quota to the economically weaker sections (EWS) in society in government jobs and educational institutions. The quota applies to all those who are not covered in existing quotas and have a family income below Rs 8 lakh a year or agricultural land below 5 acres. The 10% quota is in addition to the 27.5% quota for the Other Backward Classes, 15% for Scheduled Castes and 7.5% for Scheduled Tribes. In the Indra Sawhney case, the Court had capped quotas at 50% of the available seats. If the Court agrees to lift the 50% cap, States in India can extend the quantum of reservation and “upper castes” will stand to lose in State services. Read more about the EWS quota here. The 103 rd Constitutional Amendment had raised several concerns about granting reservation on a purely economic basis. This editorial had pointed out, for instance, that the Rs 8 lakh income criteria had not been adequately explained by the Government. The challenge to the amendment was referred to a five-judge Bench in August 2020. The three-judge Bench, which had referred the case to the larger Bench, had refused to stay the implementation of the amendment. A few days ago, the Court had asked the Centre, the States, and petitioners to firm up their concerns. It has now finalised three issues to be examined: one, whether the 103 rd Constitutional Amendment will violate the Basic Structure of the Constitution; two, whether it can be said to breach the Basic Structure by permitting the state to make special provisions in relation to admission in private unaided institutions; and three, whether it can be said to breach the Basic Structure in excluding the SEBC/OBC/SC/ST communities from the scope of EWS reservation. The issue is whether reservation can be treated as a poverty alleviation measure and those not well-off but belonging to socially advanced communities can be given a share of the reservation pie. The Central government has argued that it is every State government’s prerogative to provide 10% economic reservation in State government jobs and State government-run educational institutions. As these are substantial questions of law to be decided, this is the top pick of the day. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor‘s Pick and more. Click here The Hindu’s Editorials Discovery of Congress: On Bharat Jodo Yatra AIADMK’s troubles The Hindu’s Daily Quiz When was Wikipedia founded? 2002 2001 2005 2006 To find out the answer and play the full quiz, click here [logo] Editor's Pick 09 SEPTEMBER 2022 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( Key questions to examine EWS quota A Constitution Bench led by the Chief Justice of India [has finalised three issues]( for examining whether the 103 rd Constitutional Amendment violates the Basic Structure of the Constitution. The 103 rd Constitutional Amendment provides 10% quota to the economically weaker sections (EWS) in society in government jobs and educational institutions. The quota applies to all those who are not covered in existing quotas and have a family income below Rs 8 lakh a year or agricultural land below 5 acres. The 10% quota is in addition to the 27.5% quota for the Other Backward Classes, 15% for Scheduled Castes and 7.5% for Scheduled Tribes. In the Indra Sawhney case, the Court had capped quotas at 50% of the available seats. If the Court agrees to lift the 50% cap, States in India can extend the quantum of reservation and “upper castes” will stand to lose in State services. Read more about the EWS quota [here]( The 103 rd Constitutional Amendment had raised several concerns about granting reservation on a purely economic basis. This [editorial]( had pointed out, for instance, that the Rs 8 lakh income criteria had not been adequately explained by the Government. The challenge to the amendment was referred to a five-judge Bench in August 2020. The three-judge Bench, which had referred the case to the larger Bench, had refused to stay the implementation of the amendment. A few days ago, the Court had asked the Centre, the States, and petitioners to firm up their concerns. It has now finalised three issues to be examined: one, whether the 103 rd Constitutional Amendment will violate the Basic Structure of the Constitution; two, whether it can be said to breach the Basic Structure by permitting the state to make special provisions in relation to admission in private unaided institutions; and three, whether it can be said to breach the Basic Structure in excluding the SEBC/OBC/SC/ST communities from the scope of EWS reservation. The issue is whether reservation can be treated as a poverty alleviation measure and those not well-off but belonging to socially advanced communities can be given a share of the reservation pie. The Central government has argued that it is every State government’s prerogative to provide 10% economic reservation in State government jobs and State government-run educational institutions. As these are substantial questions of law to be decided, this is the top pick of the day. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor‘s Pick and more. 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