Question

Which of the following statements is/are correct about the 103rd Constitutional Amendment?

(i) The 103rd Amendment provides for 10% reservation for Economically Weaker Sections (EWS) in educational institutions, except minority institutions.

(ii) The 103rd Amendment was introduced in the Lok Sabha by Thawar Chand Gehlot.

(iii) The 103rd Amendment amended Article 14 to include provisions for economic reservation.

• A. Only (i) and (ii)
• B. Only (i) and (iii)
• C. Only (ii) and (iii)
• D. Only (i)

Answer 1

Answer:

A. Only (i) and (ii)

103rd Constitutional Amendment Act, 2019

• This amendment introduced reservations for Economically Weaker Sections (EWS) in higher educational institutions and government jobs.

• The reservation quota for EWS is 10%.

• It applies to all educational institutions, except those established by minority communities.

• This amendment inserted Article 15(6) and Article 16(6) into the Constitution.

  • Article 15(6) empowers the state to make special provisions for the advancement of any economically weaker sections of citizens.

  • Article 16(6) allows the state to make provisions for the reservation of appointments or posts in favour of any economically weaker sections of citizens, which are not adequately represented in the services under the State.

• The amendment was introduced in the Lok Sabha by the then Minister of Social Justice and Empowerment, Thawar Chand Gehlot.

• The Supreme Court has upheld the validity of this amendment in the case of Jan hit Abhiyan v. Union of India (2022).

• The criteria for determining the 'economically weaker sections' are based on income and asset criteria, as laid down by the government.

• This amendment does not affect existing reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).