Question

Which of the following statements is/are correct regarding the 103rd Constitutional Amendment (2019)?

i. The 103rd Amendment was introduced as the 124th Amendment Bill by Thawar Chand Gehlot.

ii. The amendment applies to admissions in minority educational institutions.

iii. The 103rd Amendment came into force on 14 January 2019.

• A. Only i
• B. Only i and iii
• C. Only ii and iii
• D. All of the above (i, ii, and iii)

Answer 1

Answer:

B. Only i and iii

103rd Constitutional Amendment Act, 2019 - Key Aspects

• Objective: The primary aim of this amendment was to provide for the advancement of economically weaker sections (EWS) of citizens.
• Key Provision: It enabled the State to make special provisions for reservations in admission to educational institutions, both in public and private (aided or unaided) institutions, for such sections.
• Beneficiary Criteria: This reservation is for citizens belonging to any category other than the socially and educationally backward classes (already covered by existing reservations) who are identified as economically weaker sections. The criteria for EWS were to be determined by the State by law.
• Constitutional Articles Amended:
  • Article 15: Clause (6) was added, empowering the State to make special provisions for the advancement of EWS, including admissions in educational institutions. This amendment also allows for a maximum of 10% reservation for EWS in such institutions.
  • Article 16: Clause (6) was added, empowering the State to reserve a maximum of 10% of seats for any EWS, not covered under the existing scheme of reservation, in public employment.
• Background of the Bill: The amendment was initially introduced in the Lok Sabha as the 124th Constitution Amendment Bill, 2019.
• Enactment: The 103rd Constitutional Amendment Act, 2019, received the assent of the President on 12 January 2019 and came into effect from 14 January 2019.
• Supreme Court Verdict: The validity of the 103rd Amendment Act, particularly the EWS reservation, was upheld by the Supreme Court of India in the case of Janhit Abhiyan vs Union of India (2022). The Court ruled that the amendment does not violate the basic structure of the Constitution.
• Exclusion from Minority Institutions: The reservation provided under this amendment does not apply to minority educational institutions, as these institutions have protections under Article 30 of the Constitution.