Question

Consider the following statements about the 103rd Constitutional Amendment:

I. It amended Articles 15 and 16 to provide 10% reservation for Economically Weaker Sections (EWS).

II. The first state to implement this reservation was Gujarat.

III. It applies to minority educational institutions as well.

Which of the statements given above is/are correct?

• A. I and III only,
• B. II only
• C. I and II only,
• D. I, II, and III

Answer 1

Answer:

C. I and II only,

103rd Constitutional Amendment Act, 2019

• This amendment introduced reservations for the Economically Weaker Sections (EWS) of society.

• It achieved this by amending Article 15 (prohibiting discrimination on grounds of religion, race, caste, sex or place of birth) and Article 16 (equality of opportunity in matters of public employment).

• Specifically, it added clauses (6) to both Articles 15 and 16.

• These clauses enable the state to make special provisions for the advancement of any EWS, who are not already covered by schemes for reservation for Scheduled Castes (SC), Scheduled Tribes (ST) and Socially and Educationally Backward Classes (SEBC).

• The reservation for EWS is capped at a maximum of 10% of seats in higher educational institutions and in public employment.

• This reservation is in addition to the existing reservations.

• The Supreme Court has upheld the validity of this amendment, but it has also clarified that it cannot be applied to minority educational institutions.

• Gujarat was the first state to pass a resolution to implement the EWS reservation.