Question

Consider the following statements regarding the 103rd Constitutional Amendment Act:

i. It provides for 10% reservation for Economically Weaker Sections (EWS) in educational institutions and government appointments.

ii. It amended Articles 15 and 16 to enable reservation for EWS.

iii. It applies to minority educational institutions as well.

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

Which of the statements given above is/are correct?

• A. i, ii, and iv only
• B. i, iii, and iv only
• C. ii and iii only
• D. All of the above

Answer 1

Answer:

A. i, ii, and iv only

103rd Constitutional Amendment Act, 2019

• Key Provision: This amendment introduced a 10% reservation for Economically Weaker Sections (EWS) of citizens in government jobs and admissions to educational institutions.
• Constitutional Basis: It achieved this by inserting Article 15(6) and Article 16(6) into the Constitution. These articles empower the state to make special provisions for the advancement of any EWS.
• Scope of Reservation: The reservation applies to all educational institutions, including private ones (except minority educational institutions), and all government employment.
• Exclusion: The amendment explicitly states that it does not apply to minority educational institutions, as per Article 30 of the Constitution.
• Implementation: Gujarat was the first state to pass a law to implement this EWS reservation.
• Background: The amendment was enacted based on the recommendations of a committee headed by Justice S.R. Sinho.
• Legal Challenge: The validity of the 103rd Amendment Act has been challenged in the Supreme Court, with arguments focusing on the exclusion of the poor from SC, ST, and OBC categories from this EWS reservation.