Question

Consider the following statements regarding the 103rd Constitutional Amendment (2019):

1. The 103rd Amendment amended Articles 15 and 16 to provide for 10% reservation for Economically Weaker Sections (EWS).

2. The reservation under Article 16(6) applies to government appointments and falls within the ambit of equality of opportunity.

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

4. The 103rd Amendment received presidential assent on 12 January 2019.

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• A. 1, 3, and 4 are correct
• B. 1 and 3 are correct
• C. 2 and 4 are correct
• D. 1, 2, and 3 are correct

Answer 1

Answer:

A. 1, 3, and 4 are correct

103rd Constitutional Amendment Act, 2019 - Key Aspects

• Purpose: This amendment introduced reservations for the Economically Weaker Sections (EWS) of society in government jobs and educational institutions.
• Articles Amended: It amended Article 15 (prohibiting discrimination on grounds of religion, race, caste, sex or place of birth) by adding clause (6), and Article 16 (equality of opportunity in matters of public employment) by adding clause (6).
• Reservation Limit: The amendment allows for a maximum of 10% reservation for EWS.
• Criteria for EWS: The specific criteria for identifying EWS were to be determined by the government.
• Supreme Court Ruling: The Supreme Court, in its judgment on the 103rd Amendment, upheld the validity of the EWS reservation but raised concerns about the exclusion of SC/ST/OBC categories from this reservation. The majority held that the amendment was constitutional as it served a larger public interest.
• State Implementation: While the constitutional amendment provides for the framework, its implementation depends on state governments. Gujarat was indeed one of the first states to announce and begin implementing the EWS reservation post the amendment.
• Legislative Process: The bill was passed by the Lok Sabha on January 8, 2019, and by the Rajya Sabha on January 9, 2019. It received the President's assent on January 12, 2019, officially becoming the 103rd Constitutional Amendment Act.
• Distinction from Other Reservations: It is important to note that this reservation is distinct from the reservations provided for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC), which are based on historical social and educational backwardness. The EWS reservation is based solely on economic criteria.