Question

Which of the following propositions about the 103rd Constitutional Amendment is/are not correct?

1. The amendment was passed by the Rajya Sabha on 8 January 2019.

2. The amendment applies to private educational institutions, including minority institutions.

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

4. Articles 15 and 16 were amended to provide for EWS reservation.

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

Answer 1

Answer:

A. 1 and 2 only

103rd Constitutional Amendment Act, 2019

• Objective: The primary aim of this amendment was to provide for the reservation of up to 10% of seats in higher educational institutions and government jobs for the Economically Weaker Sections (EWS) of citizens.

• Constitutional Articles Amended: The amendment modified Article 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and Article 16 (equality of opportunity in matters of public employment) of the Constitution.

• Scope of EWS Reservation: This reservation is applicable to citizens of India irrespective of their caste, creed, or religion.

• Eligibility Criteria: The criteria for identifying EWS were to be determined by the state based on family income and other indicators of economic backwardness.

• Exclusions: The EWS reservation does not apply to economically weaker sections belonging to the socially and educationally backward classes (like SCs, STs, OBCs) who are already covered under existing reservation schemes.

• Passage in Parliament: The bill was passed by the Lok Sabha on 8 January 2019 and by the Rajya Sabha on 9 January 2019. It received Presidential assent on 12 January 2019. (Note: Statement 1 in the question is incorrect regarding the Rajya Sabha passing date).

• Implementation Status: While the amendment came into effect in 2019, its implementation regarding educational institutions was challenged and upheld by the Supreme Court of India in 2022. (Note: Gujarat was indeed one of the first states to consider implementing EWS reservation, but the amendment itself is a central legislation. Statement 3 in the question refers to implementation, not the passing of the amendment itself).

• Supreme Court Verdict (2022): The Supreme Court upheld the validity of the 103rd Constitutional Amendment Act, stating that the EWS reservation does not violate the basic structure of the Constitution. The court, however, clarified that the exclusion of the 'creamy layer' within OBCs from the ambit of EWS reservation is valid.

• Distinction from Other Reservations: It's crucial to differentiate this EWS reservation from reservations provided to Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC), which are based on social and educational backwardness.