103rd Constitutional Amendment Act: Features, Need, SC Verdict-UPSC NOTES

The 103rd Constitutional Amendment Act of India, passed in 2019, gives 10% reservation to Economically Weaker Sections (EWS) of society. This reservation is allowed in Central Government jobs and admissions to Central and private educational institutions.

However, this rule does not apply to minority institutions and is not compulsory for State Government jobs or colleges. Still, some states have chosen to give the 10% EWS reservation in their own institutions.

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103rd Constitutional Amendment Act - Prime Features

The 103rd Constitutional Amendment Act presented a 10% reservation for Economically Weaker Sections in government employment and educational organizations. The 103rd Constitutional Amendment Act also amended Articles 15 and 16 of the Indian Constitution to authorize special requirements benefiting Economically Weaker Sections (EWS) groups while excluding SC, ST, and OBC categories from this reservation.

Reason Behind 10% EWS Reservation: The 103rd Constitutional Amendment Act sets a 10% reservation for people from economically deprived backgrounds in government jobs and educational institutions. This act is in addition to the existing 50% reservation for SC, ST, and OBC categories. Act’s Approval by the Constitution: The 103rd Amendment modified Article 15 and Article 16 of the Constitution of India. Article 15(6) permits specific provisions for Economically Weaker Sections (EWS) in educational institutions. Article 16(6) provides for reserving appointments or positions in favor of Economically Weaker Sections (EWS). Eligibility Criteria for EWS: To qualify for the Economically Weaker Sections (EWS) reservation, the person must meet the following requirements: The annual income of a family should be less than ₹8 lakh. The family should not hold more than 5 acres of agrarian land. The family should not own a residential apartment of more than 1,000 square feet or a property (house) of more than 100 square yards in a notified municipality. SCs, STs, and OBCs Removed from the List of Beneficiaries: The reservation under this 103rd amendment is particularly for people from the general category not protected by existing SCs, STs, or OBCs reservations. Covers All Types of Educational Institutions: The 103rd Amendment applies to all educational organizations, including private institutions, aided or unaided, excluding minority institutions under Article 30(1).

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103rd Constitutional Amendment Act - Need

The 103rd Constitutional Amendment Act was raised in India to handle typical socio-economic challenges and develop affirmative steps for society's Economically Weaker Sections (EWS). The primary causes for the introduction of the act are:

• Solving the Problem of Rich-Poor Divide: The 103rd Amendment aims to lessen economic differences by delivering opportunities to economically underprivileged people who are not suitable for existing reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
• Development for All People: The 103rd amendment seeks to enable inclusive development by opening reservations to EWS while assuring that economic drawbacks do not stop access to education and employment possibilities.
• Rule from the Constitution: The amendment is compatible with Article 46 of Directive Principles of State Policy (DPSP) of the Constitution. It directs the state to enable marginalized groups' educational and economic interests, fulfilling a constitutional directive to save them.
• People’s and Leaders’ Demand: There was increasing social and political pressure to handle the demands of economically deprived people of the general categories who felt banned from the advantages of existing reservation policies.
• Opposing Reservation Benefits: The amendment was seen as a crucial step to negate the reservation system by including economically impoverished people from the general category, thereby widening the scope of affirmative effort beyond caste-based standards.

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103rd Constitutional Amendment Act - Supreme Court Verdict

In a landmark decision in the Janhit Abhiyan vs Union of India case in 2022, the Supreme Court upheld the constitutionality of the 103rd Constitutional Amendment Act by a 3:2 vote. The Court determined that the Amendment did not violate the Constitution's fundamental structure.

Constitutional Validity: The Supreme Court upheld the constitutionality of the 103rd Amendment. The Court ruled that the Amendment did not break the Constitution's basic structure, despite concerns about its influence on equality and the 50% reservation set in earlier rulings.

Judges Arguments: All five judges agreed that the Constitution permits reservations based on economic measures but differed on eligibility and the number of reserved seats.

• Justices Maheshwari, Trivedi, and Pardiwala supported the Amendment, saying that EWS reservations are helpful and can exclude SCs/STs and OBCs groups.
• They argued that treating other groups equally is unjust. 'Just as equals cannot be treated unequally, unequals cannot be treated equally.'
• Nevertheless, Justice Bhat opposed the exclusion of SCs/STs and OBCs, declaring it violates the Constitution's basic structure and breaches the 50% reservation limit set by Indra Sawhney.

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Impacts of 103rd Constitutional Amendment Act 

The 103rd Constitutional Amendment Act raised a 10% reservation for Economically Weaker Sections (EWS), which has had the following significant impacts on the socio-economic and educational landscape of the country:

• Development of Caste-Based Reservation: The amendment seriously widens India's reservation policy by including economically deprived groups, potentially paving the way for future evolutions based on diverse criteria.
• Greater Responsibility in Administration: Executing the 10% EWS reservation necessitates vast administrative efforts, such as recognizing eligible beneficiaries, maintaining clarity, and avoiding overlaps with existing reservations.
• Similar Legal Cases from the Past: The amendment and following Supreme Court decision may set lawful precedents for future constitutional amendments and affirmative measure policies, especially regarding the interpretation of the 50% cap and the application of economic bars.
• Identifying the Benefited People: Confirming that only economically disadvantaged people help from the reservation is a significant challenge. The number of fake EWS certificates has increased, and a more scrutinized process is needed to grant EWS certificates.
• Changes in Education and Job Chances: The amendment extends access to higher education, including IITs and IIMs, for economically needy groups not protected by existing reservations, though it may raise concerns about balancing reservation and meritocracy.
• Cut in Merit-Based Seats: The introduction of EWS reservations has lowered the seats available under the merit quota, affecting candidates from all categories, including General, OBCs, SCs, and STs.
• Possible Rise in Demand: The amendment may increase reservation demand from other groups, potentially unlocking a "Pandora's Box" of state legislation aiming to exceed the permitted reservation threshold.

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Key Takeaways on 103rd Constitutional Amendment Act UPSC Aspirants! Introduced EWS Quota: Provides 10% reservation in education and government jobs for Economically Weaker Sections (EWS) of the general category. Applies to General Category: Targets citizens not covered under existing SC, ST, or OBC reservations. Constitutional Amendments: Amended Articles 15 and 16 to enable EWS reservation. Economic Criteria Based: Reservation is based solely on economic status, not caste.

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