Question

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

1. The 103rd Amendment provides for 10% reservation for Economically Weaker Sections in educational institutions, except minority institutions.

2. The amendment was introduced in the Lok Sabha by Thawar Chand Gehlot.

3. The Kerala government appointed a two-member committee to study the implementation of EWS reservation.

Which of the statements given above is/are correct?

• A. Only 1 and 2
• B. Only 1 and 3
• C. Only 2 and 3
• D. All of the above

Answer 1

Answer:

D. All of the above

103rd Constitutional Amendment Act, 2019

• This amendment act introduced provisions for the reservation of 10% of seats in higher educational institutions, excluding minority educational institutions, for the Economically Weaker Sections (EWS) of citizens.
• It also provides for reservations in government jobs for EWS.
• The amendment was enacted to fulfill the mandate of Article 46 of the Constitution, which directs the State to promote the economic interests of the weaker sections of the people.
• It amended Articles 15 and 16 of the Constitution by inserting clauses (6).
• Article 15(6) allows the State to make special provisions for reservations in educational admissions for EWS, not exceeding 10%.
• Article 16(6) allows the State to make provisions for the reservation of appointments or posts in the favour of any EWS, not exceeding 10%.
• The amendment ensures that this reservation is in addition to the existing reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).
• The criteria for determining the 'Economically Weaker Sections' were to be set by the State, based on the recommendation of a commission set up under Article 340.
• The amendment was passed by the Lok Sabha on January 8, 2019, and by the Rajya Sabha on January 9, 2019.
• It received Presidential assent on January 12, 2019.
• The introduction of the bill in the Lok Sabha was done by the then Minister for Social Justice and Empowerment, Thawar Chand Gehlot.
• Several states, including Kerala, have constituted committees or taken steps to examine the implementation of the EWS reservation policy within their jurisdictions.
• The Supreme Court of India, in the case of Jan hit abhiyan v. Union of India (2022), upheld the constitutional validity of the 103rd Amendment Act, recognizing the state's power to provide reservations based on economic criteria.