GS-2: Indian Constitution, Judgement & Cases, Government policies and interventions.

Key phrases:  EWS,103rd Constitutional Amendment, Indira Sawhney Case, M. Nagraj Case

Why in news:

The Supreme Court has questioned the methodology adopted by the government in fixing Rs. 8 lakh as the annual income limit to identify the Economically Weaker Section (EWS).

Analysis:

Economically Weaker section:

• EWS in India is a sub-category of people belonging to the Economy Based Un-Reserved Category having an annual family income less than ₹8 lakh (US$11,000) and who do not belong to any category such as SC/ST/OBC across India, nor to MBC in Tamil Nadu. A candidate who does not fall under SC/ST/OBC and fulfils the EWS economic criteria are to be part of the EWS category.
• In January 2019, the Union Council of Ministers approved a 10% reservation in government jobs and educational institutions for the Economically Weaker Section (EWS) in the General category. The cabinet decided that this would be over and above the existing 50% reservation for SC/ST/OBC categories.
• The 103rd Amendment amended Articles 15(6) and 16(6) of the Constitution to permit 10% reservations to the EWS category. A number of state cabinets approved the law and announced their intention to implement the 10% EWS reservations.
• Eligibility criteria:
  • Candidate's annual family income must be less than Rs. 8 lakhs per annum.
  • Their family must not own more than 5 acres of agricultural land.
  • The residential flat area should be below 1000 sq ft.
  • The residential plot's area should be below 100 square yards if in a notified municipality sector.
  • The residential plot's area should be below 200 square yards if in a non-notified municipality sector.

Significance of EWS:

• EWS certificate can be used to avail the 10% reservation for the GEN-Economically Weaker Section in higher education all over the India and government jobs
• The EWS eligibility is not only based on family income but also on property held and hence is beneficial to the other weaker sections.
• This leads to reduction of caste-based discrimination, there are people even in the higher castes who are living in poverty and hunger.
• EWS recognition gives a fair chance to the needy as it recognizes economic weakness over caste-based recognition.

Problems associated with EWS:

• Breaches reservation cap set up in Indra Sawhney case (up to 50% reservation)
• The criteria used by the government to decide EWS category is vague and this was decided without any study/data. 
• The Supreme court also questioned the government whether they used data like GDP per capita for every state to decide the monetary limit for EWS reservation, the statistics of per capita income for states even vary - Goa with the highest per capita income of 4 lakhs and Bihar at the bottom with 40,000.

Trajectory of reservation in India:

• Article 15(4) and 16(4) provides reservation for SC and ST
• Article 46 provides for framing policies to protect the interests of weaker sections of the society
• Article 330 and 332 provides for reservation in Lok Sabha and State Legislative Assembly for SC and ST.
• Mandal Commission
  • The Mandal Commission was set up in 1979, under the chairmanship of BP Mandal. It submitted its report in 1980. 
  • Recommendations
    • 27% reservation for OBCs in jobs in central government services and public sector units (implemented in 1990)
    • reservation for OBCs in central educational institutions (implemented in 2006)
    • land redistribution and change in relations of production (yet to be implemented)
• Indra Sawhney Case 1992

1. Upheld reservation for OBC

2. 50% cap on reservation

3. Creamy layer for OBC
4. No reservation in promotions
5. No reservation for EWS.

• 77th amendment 1995, inserted Article 16 (4A)-Reservation in promotion for SC, ST.
• M Nagaraj Case 2006

1. Reservation in promotion upheld

2. However, three parameters have to be considered:

• The community has to socially and educationally backward
• Adequate data for its non-representation 
• Also take efficiency of administration into account (Article 335)

• Jarnail Singh Case 2018:

1. No need of data for reservation in promotion and creamy layer can be extended for reservation in promotion for SC & ST
2. 103rd amendment for 10% reservation for EWS in education and jobs.

The reservation paradox

• The Rajya Sabha has only 17 Dalit MPs (7 per cent).
• There are only six Dalit and six Adivasi Vice-Chancellors among the 496 across state and central universities. 
• There is one Dalit among 89 secretary-level officers in the Union Government. 
• The GST Council has no Dalit member. 
• In the 2019 Lok Sabha elections, only two Dalit MPs won elections from the 412 general category seats.

Way forward

• Reservation provides for positive discrimination and upliftment of the weaker sections.
• Reservation is not a tool for poverty eradication but a tool for broader representation for weaker sections of the society.
• The focus solely should not be on enlarging the reservation circle but also the importance of quality education and social upliftment of weaker sections through job opportunities should be a priority.

Source: The Hindu

Source of data for the section named ‘The Reservation Paradox’:  Indian Express

Prelims question:

Q. Consider the following statements about protective discrimination in India:

1. The history of reservation for the backward castes goes back to 1902 when Shahu Maharaj, the ruler of the princely state of Kolhapur, reserved 50% jobs for backward castes.
2. The Jawaharlal Nehru government set up a backward classes commission in 1953, which drew up a list of 2,399 communities listing them as backward.
3. All recommendations of the Mandal Commission have now been implemented by the government of India.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: (a)