Question

Which among the following statements are not true with regard to the 103rd Constitutional Amendment?

1. The 103rd Amendment provides for 10% reservation for Economically Weaker Sections (EWS) in educational institutions and government appointments.

2. The 103rd Amendment amended Articles 15 and 16 to include provisions for EWS reservation.

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

4. The 103rd Amendment came into force on 12 January 2019.

• A. 3 and 4
• B. 3 only
• C. 4 only
• D. 1 and 3

Answer 1

Answer:

A. 3 and 4

103rd Constitutional Amendment Act, 2019

• The 103rd Amendment Act, enacted in 2019, introduced significant changes to affirmative action policies in India.

• Key Provisions:

  • It enables the government to provide reservations for Economically Weaker Sections (EWS) in educational institutions (both government and private aided) and government jobs.

  • The reservation quota for EWS is set at 10%.

  • This amendment was achieved by inserting Article 15(6) and Article 16(6) into the Constitution. These new clauses empower the state to make special provisions for the advancement of any economically weaker sections, other than the classes mentioned in Articles 15(4) and 16(4) (which deal with SCs, STs, and SEBCs).

• Background and Context:

  • The amendment was brought in response to the Supreme Court's ruling in the Indra Sawhney case (1992), which capped reservations at 50%. The EWS reservation is intended to be in addition to the existing quotas for Scheduled Castes (SCs), Scheduled Tribes (STs), and Socially and Educationally Backward Classes (SEBCs).

  • The criteria for identifying EWS are based on income and asset, as determined by the central government.

• Implementation and Controversy:

  • The 103rd Amendment Act received Presidential assent on 12 January 2019 and came into effect from that date.

  • The first state to implement the EWS reservation following the 103rd Amendment was Tamil Nadu, through an ordinance in February 2019, which later led to the Tamil Nadu Prohibition of Transfer of Property by Agriculturists including Members of Scheduled Castes and Scheduled Tribes Act, 2019. However, widespread implementation and subsequent legal challenges across various states began thereafter.

  • The validity of the 103rd Amendment Act has been upheld by the Supreme Court of India, though dissenting opinions were recorded. The apex court affirmed that the amendment does not violate the basic structure of the Constitution.

• Competitive Exam Relevance:

  • Understanding the articles amended (15 and 16) and the percentage of reservation (10%) is crucial.

  • Knowing the date of commencement (12 January 2019) and the purpose of the amendment (to provide for EWS) are important facts.

  • Be aware of the distinction between this reservation and existing reservations for SCs, STs, and SEBCs.

  • Familiarity with the relevant Supreme Court judgments (like Indra Sawhney) that influenced or were impacted by such amendments is also beneficial.