Economically Weaker Sections

Story hook

On 9 January 2019, in 48 hours of debate, Parliament passes the Constitution (One Hundred and Third Amendment) Act 2019 — the EWS Amendment. Lok Sabha clears it 323-3 on 8 January; Rajya Sabha clears it 165-7 on 9 January. The President assents on 12 January. By the time Republic Day arrives, India has its first economy-only reservation category — 10% in public employment + education for Economically Weaker Sections among the forward castes.

For 27 years since Indra Sawhney 1992, the bench's 50% ceiling had been gospel. The 103rd Amendment breached it: EWS 10% comes over and above SC 15% + ST 7.5% + OBC 27%, taking total reservation to 59.5% in eligible categories. The amendment was challenged within hours of passing — by NGO Janhit Abhiyan, academic Mohan Gopal, and the DMK.

On 7 November 2022, a 5-judge bench in Janhit Abhiyan v. Union of India upheld the 103rd Amendment 3-2. Justices Maheshwari, Bela Trivedi, and J.B. Pardiwala upheld it; CJI U.U. Lalit and Justice Ravindra Bhat dissented. The majority held that economic criterion alone is a permissible classification under Articles 14 + 15(6) + 16(6).

For UPSC, EWS reservation is a constitutional inflection point — testing the basic structure doctrine, the 50% ceiling, the SEBC-vs-economic-criterion debate, and the Sinho Commission 2010 that planted the seed.

Why this matters for UPSC

Prelims: Articles 15(6), 16(6), 46, 38, 39; 103rd Amendment; Sinho Commission 2010; Janhit Abhiyan 2022; EWS criteria.

Mains GS-II: 2019 asked "Significance of 103rd Constitutional Amendment Act." 2022: "Is economic backwardness alone sufficient for reservation?" 2024: "Discuss the implications of Janhit Abhiyan v. UoI verdict."

Interview: 50% ceiling debate, basic structure, intersection of EWS with OBC creamy layer, evidence base for EWS.