Analysis of  Economically Weaker Sections (EWS) ruling

23 Nov 2022 Analysis of  Economically Weaker Sections (EWS) ruling

Significance for Prelims: 103rd Constitutional Amendment; Article 14, Article 15, Article 16, Article 17.

Significance for Mains: Constitutional analysis of 103rd Constitutional Amendment. 

News: The majority judgment in the Economically Weaker Sections (EWS) case, upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment but the minority opinion of the Chief Justice of India (CJI) U.U. Lalit (now former CJI) and Justice Ravindra Bhat give us strength to fight for equality. 

Key features of the  103rd Amendment:

• It introduced Article 15 (6) which enables the state to make special provisions for “any economically weaker sections of citizens” other than “socially and educationally backward classes” and Scheduled Castes and Scheduled Tribes.
• 103rd amendment also inserted Article 16(6) to the Constitution to enable reservation for “economically weaker sections”, other than the SEBCs and SC/ST, in public employment and education.
• It permits 10% reservation in educational institutions and public employment for those from the economically weaker section(EWS).
• This reservation is exclusively for the general category and excludes persons from the Scheduled Castes (SC), Scheduled Tribes (ST) and the Other Backward Classes (OBC) categories.
• In 2019, the government notified the criteria to identify EWS: Anyone with a family income of less than 8 lakh from all sources in the fiscal year is classified as EWS. Those who had five acres of agricultural land, 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 were excluded from the EWS category. 

Grounds of challenge EWS quota: Since the law is a constitutional amendment, the Supreme Court has to evoke the ‘basic structure doctrine.

• Petitioners challenged the EWS quota on the basis that the amendment violated the basic structure of the Constitution as it violated equality before the law.
• The violation of the equality code is due to (a) the Introduction of economic criterion as the reservation was meant only for socially and educationally backward groups due to historical disadvantages (b) excluding OBC/SC/ST candidates from the EWS category (c) Introduction of EWS reservation breached the 50% ceiling on the total reservation.
• Reservation was introduced as a measure to overcome structural barriers to the advancement of historically disadvantaged social groups. But the EWS category will convert it into an anti-poverty measure.
• EWS quota will make reservations a norm and the principle of non-discrimination and equal treatment will become the exception. 

Majority’s reasoning for upholding EWS quota: 

• Three judges Justices Dinesh Maheshwari, Bela Trivedi and J.B. Pardiwala rejected the basic structure challenge. 
• Instrument of affirmative action: Economic weakness can be addressed through reservation.Besides social and backward classes, reservations can also cover any disadvantaged section. 
• EWS quota did not violate any essential feature of the Constitution: As classifying a section based on economic criterion alone was permissible under the Constitution. 
• The equality principle does not get offended due to exclusion of the classes already enjoying reservation from the EWS category.
• The majority view was that the 50% ceiling itself was not inflexible or inviolable and the 50% limit was applicable only to the existing reserved categories (OBC/SC/ST). 
• Amendment survived the two standards i.e. ‘width test’ and ‘identity test’ prescribed to check the violation of basic structure: the ‘width test’ (it is not of such wide amplitude as to obliterate or destroy any basic feature) and the ‘identity test’ (as it does not alter or erase the identity of a basic feature such as the equality code.

Dissent of Chief Justice U.U. Lalit and Justice Ravindra Bhat:

• Chief Justice U.U. Lalit and Justice Ravindra Bhat differed from the majority but agreed that introducing special provisions on the basis of economic criteria is legitimate and does not violate the basic structure of the Constitution. But EWS  category violated the basic structure as it excluded backward classes from the EWS quota benefit. 
• Justice Bhat noted that EWS reservation arbitrarily excluded the socially and historically disadvantaged classes. He said that excluding them “on the ground that they enjoyed pre-existing benefits is to heap fresh injustice based on past disability,”. 
• Amendment violated the equality code of the basic structure particularly the principles of non-discrimination and non-exclusion: As it resulted in hostile discrimination against the socially and educationally backward poorest section of society that was subjected to caste-based discrimination. 
• Justice Bhat had an additional ground to strike down Article 16(6). He said that the additional reservation for those already represented in public employment violated the equal opportunity norm of the basic structure.As the EWS category “snaps this link between equal opportunity and representation” by introducing a category that is not premised on ‘inadequate representation’.. 

Further readings:

• Indra Sawhney (1992) judgement.

Prelims (2020): 

Which one of the following categories of Fundamental Rights incorporates protection against

untouchability as a form of discrimination?

(a) Right against Exploitation

(b) Right to Freedom

(c) Right to Constitutional Remedies

(d) Right to Equality

Mains Question: 

1. Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard.

Source: The Hindu

Article: Explained | How has the EWS ruling altered reservations?

Article Link:

https://www.thehindu.com/news/national/explained-how-has-the-ews-ruling-altered-reservations/article66129488.ece 

Yojna IAS  Daily current affairs eng med 23rd November

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