Question

Choose the correct statement(s) regarding the 103rd Constitutional Amendment.

i) The 103rd Amendment introduced a 10% reservation for Economically Weaker Sections (EWS) under Articles 15 and 16.

ii) The amendment was passed by the Lok Sabha on 9 January 2019.

iii) Gujarat was the first state to implement the 10% EWS reservation.

iv) The amendment applies to minority educational institutions.

• A. i and iii only
• B. i, ii, and iii only
• C. ii and iv only
• D. i and iv only

Answer 1

Answer:

A. i and iii only

103rd Constitutional Amendment Act, 2019

• Introduction of EWS Reservation: This amendment inserted Article 15(6) and Article 16(6) into the Constitution. These articles empower the State to make provisions for reservation for the Economically Weaker Sections (EWS) of citizens.

• Reservation Quota: A maximum of 10% reservation is provided for EWS in public employment and in admission to educational institutions.

• Eligibility Criteria: The reservation is based on economic criteria, not social backwardness. Specific guidelines are issued by the government to define who falls under the EWS category.

• Exclusions: The reservation does not apply to institutions established and administered by minority communities (as per Article 30 of the Constitution).

• Parliamentary Approval: The bill was passed by the Lok Sabha on 8 January 2019 and by the Rajya Sabha on 9 January 2019. It received presidential assent on 12 January 2019.

• State Implementation: While the central government passed the amendment, its implementation, including the specific eligibility criteria, is often undertaken by individual states. Gujarat was among the first states to announce the implementation of EWS reservation.

• Supreme Court's Stance: The validity of the 103rd Amendment Act was upheld by the Supreme Court of India in the Jan hit Abhiyan v. Union of India case (2022). However, the court ruled that the exclusion of the creamy layer from EWS reservation is permissible, but the exclusion of the poor belonging to Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) from the EWS category is not.

• Key Constitutional Articles Amended: Articles 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 16 (Equality of opportunity in matters of public employment).