Reservations based on economic criteria are crucial for ensuring equitable
opportunities in society, particularly in a country like India where economic
disparities persist alongside social inequalities. While caste-based
reservations have been instrumental in addressing social injustices, they often
fail to address economic disparities effectively. The introduction of
reservations based on economic status aims to rectify this imbalance by
providing opportunities to those genuinely disadvantaged by financial
constraints, irrespective of caste or background.
This approach promotes meritocracy and targets poverty alleviation efforts,
contributing to overall economic development. However, the implementation of
such reservations necessitates a comprehensive understanding of the basic
structure doctrine and its implications for constitutional amendments. The
principle of equality, rooted in fair and reasonable classification, underpins
the rationale behind economic-based reservations. Ensuring substantive equality
requires on going efforts to eliminate inequalities in all forms, with
affirmative action serving as a crucial tool in this endeavour. Overall,
reservations based on economic criteria represent a significant step towards
fostering inclusive growth and addressing multifaceted challenges of inequality
in society.
Introduction
"Liberty, Equality, Fraternity" was the battle cry of the French Revolution and
the very motto of our Indian Constitution.
The constitutional validity of reservations for Economically Weaker Sections (EWS)
in India has become a focal point of debate within the nation's legal and social
spheres. Enacted in 2019 through the 103rd Constitutional Amendment Act, these
reservations aim to mitigate economic inequality by offering educational and
employment opportunities to those from financially disadvantaged backgrounds.
However, this initiative has stirred controversy regarding its compatibility
with the foundational principles of equality outlined in the Indian
Constitution.
Critics argue that focusing solely on economic criteria may dilute the original
purpose of reservations, which were intended to uplift historically marginalized
groups. Conversely, supporters contend that including economic status alongside
social factors is crucial for ensuring fair access to opportunities. Despite the
Supreme Court's endorsement of the constitutional validity of EWS reservations,
on-going deliberations and potential legal disputes highlight the intricate
balance required to uphold both social justice goals and economic inclusivity
within India's constitutional framework.
Furthermore reservations should be provided on economic grounds in order to
solve India's underlying problem of economic inequity. It won't be wrong to
state that a tiny number of people wield tremendous economic influence in the
country, while the public sector has created fewer employment. Caste-based
reservations create fierce rivalry for the general category, and people who need
quotas the most often do not benefit from them.
Furthermore, economic reservations can provide both positive discrimination and
equal opportunity, citing poverty as a major issue affecting the economically
and socially excluded. To establish the validity of economic-based reservations,
there are certain constitutional provisions such as Articles 15, 29, 46, and
341. Thus reservations were originally intended to uplift people economically,
making the 103rd Constitutional Amendment constitutional.
Research Methodology
The information presented in this article was sourced from secondary sources
relevant to the topic. This study is characterized as conceptual, empirically
supported, descriptive, and diagnostic. Secondary research, also known as desk
research, involves the use of pre-existing data. To enhance the study's overall
effectiveness, existing data must be gathered and organized. Secondary research
refers to studies that have already been conducted, published, and referenced in
research reports and similar publications. It often involves utilizing sources
such as the internet, libraries, archives, universities, and other information
repositories to collect data.
Review of Literature
The new Economically Weaker Sections (EWS) Quota: The changing idea of
affirmative action (Observer Research Foundation, 2022)1 This article discusses
the EWS quota in the context of affirmative action in India. It explores the
rationale behind the quota and the challenges it poses.
Reservation for Economically Weaker Sections (EWS) - Understand the 10% Quota
Bill (ClearIAS, 2019)2 This article provides a basic overview of the EWS
reservation system in India. It explains the concept of EWS and the provisions
of the quota bill.
EWS Reservation - Supreme Court Observer (Supreme Court Observer, 2022)3 This
article discusses the legal aspects of the EWS reservation. It explains the
constitutional amendment that introduced the quota and the Supreme Court's
ruling on its validity.
Method of study:
- Reservations in India
The historical trajectory of the reservation system in India dates back to
the colonial era but gained significant momentum post-independence.
Initially introduced by the British colonial administration to address the
under-representation of certain communities, particularly in education and
government employment, reservations were further institutionalized through
the Indian Constitution.
The inception of the Indian reservation system in the pre-Independence era
can be traced back to significant legislative developments such as the
Government of India Act, 19354, and the Poona Pact, 1932. Dr. B.R.
Ambedkar's advocacy for separate elections for underprivileged classes
prompted discussions during the Government of India Act of 1919 to address
minority challenges. Following India's independence in 1947, the Constituent
Assembly formed a Drafting Committee led by Dr. B.R. Ambedkar to formulate a
new constitution. This initiative aimed to promote social justice for all
racial and socioeconomic groups, aligning with the principles outlined in
Article 46 of the Directive Principles of State Policy.
Over the years, the reservation system has undergone several amendments and
expansions. The Mandal Commission report in the 1980s played a pivotal role
in extending reservations to include OBCs, recognizing the socio-economic
disadvantages faced by this group. Subsequently, reservations were
implemented in educational institutions and government jobs for OBCs, along
with existing provisions for SCs and STs.
The reservation system has been a subject of intense debate and controversy,
with arguments both for and against its continuation. Proponents argue that
reservations have been instrumental in empowering historically marginalized
communities, providing them with access to opportunities and facilitating
social mobility. Critics, however, raise concerns about its impact on
meritocracy, efficiency, and social cohesion, as well as the perpetuation of
caste-based identities.
Despite these debates, reservations remain a fundamental aspect of India's
social and political landscape, reflecting the country's commitment to
addressing historical injustices and promoting inclusive development.
Various governments have introduced policies and initiatives to strengthen
the implementation of reservations and expand their reach to ensure
equitable representation and opportunities for all sections of society.
- Statement of Problem:
The issue at hand revolves around the classification of backwardness for the
purpose of reservations in India. Specifically, the concern is whether
backwardness can be determined solely based on occupation and income without
considering caste. This question arises from recent legal cases and the
103rd constitutional amendment that have introduced economic criteria for
reservation eligibility, challenging the traditional reliance on caste as
the primary determinant of backwardness. The problem necessitates a nuanced
understanding of socioeconomic dynamics and the implications of different
criteria for identifying disadvantaged groups in society.
- Reservations on the Basis of Economic Criteria and it's Importance
"The solution to every issue is to strike it at its roots and the root
problem behind the stagnant growth of any country is the parity in the
economic status between rich and poor"
India is still in the process of development, with a limited portion of the
population holding significant economic influence. The dominance of the
private sector has reduced opportunities in the public sector, resulting in
heightened competition, particularly affecting the general category due to
caste-based reservations. Implementing reservations based on economic
criteria is crucial for ensuring equitable opportunities in society.
While caste-based reservations have been a tool for social justice, they
often do not address the economic disparities prevalent among different
communities. By introducing reservations based on economic status, the focus
shifts towards uplifting those who are genuinely disadvantaged due to
financial constraints.
This approach ensures that individuals facing economic hardship, regardless
of their caste or background, have access to educational and employment
opportunities. It also promotes meritocracy by providing a level playing
field for all individuals, regardless of their social or economic
background. Moreover, economic-based reservations can effectively target
poverty alleviation efforts, helping to break the cycle of
Inter-generational poverty and promote overall economic development.
Interestingly, those who could benefit from these reservations often don't
utilize them, while those with resources often succeed regardless.
To ensure fairness in opportunity distribution and upliftment of the
underprivileged, implementing economic measures becomes imperative. Large
conglomerates wield considerable control over various industries,
concentrating social and economic power within a small segment of society.
Therefore, incorporating economic criteria into reservation policies is
essential for fostering inclusive growth and addressing the multifaceted
challenges of inequality in society.
Additionally, poverty, with its social and economic implications, requires
urgent attention, especially for those facing economic hardship. ―According
to the UNDP Report 2018, India decreased poverty across all dimensions from
54.7% to 27.5% of the population between 2005/2006 and 2015/2016‖5. This was
only possible because of the Supreme Court ruling in
Indra Sawhney v. Union of India 6, the Mandal Commission Report
restricted the allocation of seats in educational and government jobs to the
ST (Scheduled Tribes), SC (Scheduled Castes), and OBC (Other Backward
Classes), which together made up about 70% of India's total population.
In comparison to other groups in society, more members of the poor
socioeconomic classes — SCs, STs, and OBCs — were lifted out of poverty
between 2004– 2005 and 2011–2012, according to statistics given by the
Planning Commission.
- The correlation between Caste and Backward Class
The connection between caste and economic status underscores the complex and
deeply entrenched nature of social inequality in India, which requires
multifaceted approaches to address effectively.
Caste-related bias and exclusion have played a significant role in rendering
specific communities economically vulnerable, as they encounter obstacles in
accessing resources and opportunities. The resultant disparities in
education and employment frequently result in diminished incomes and
constrained economic prospects for individuals from marginalized castes.
Similarly, economically disadvantaged segments of society in India often
confront widespread economic discrimination, evident across multiple facets
of life. These marginalized groups frequently encounter obstacles when
seeking essential needs, educational access, healthcare services, and
employment opportunities.
The Constitution of India specifies that reservations can be based on caste
or class, with the latter being established as a distinct category before
implementing reservation on economic grounds, as per the 103rd
Constitutional Amendment. According to Max Weber's sociological concept, a
class is defined by comparable socioeconomic status, encompassing similar
life opportunities, prestige, attitudes, etc. The recent amendment sets
economic criteria for eligibility, requiring an annual income below 8 lakhs
and land ownership under five acres. This defines economically weaker
sections as a distinct class.
In the Ashoka Kumar Thakur v. Union of India 7 case, the Supreme
Court upheld the validity of reservations, emphasizing that backwardness
cannot be solely determined by caste but considers various factors, as
affirmed in the "R. Chitralekha v. State of Mysore"8 case. It's recognized
that occupation and income can denote backwardness irrespective of caste, as
seen in groups like agricultural laborers, rickshaw drivers, and street
vendors, who are inherently disadvantaged regardless of caste affiliation.
- Extent of Reservation for Economically
Weaker Sections and its Legitimacy Regarding Exclusion of Scheduled Castes,
Scheduled Tribes, Other Backward Classes, and Socially and Economically
Backward Classes:-
The intention behind implementing reservations for Economically Weaker
Sections (EWS) is to offer affirmative action to socioeconomically
disadvantaged segments of society.
However, the inclusion of EWS reservations does not negate the reservations
already in place for Scheduled Castes (SC), Scheduled Tribes (ST), Other
Backward Classes (OBC), and socially and economically backward classes.
India's reservation policies are designed to rectify historical disparities
and provide opportunities for communities that have long faced social and
economic marginalization. Reservations for SC, ST, OBC, and other backward
classes are rooted in the social and educational disadvantages experienced
by these groups, and they are safeguarded by the Indian Constitution and
supported by legal statutes and judicial rulings.
The introduction of EWS reservations does not eliminate or supplant the
existing reservations for these groups. Instead, EWS reservations aim to
address economic inequalities experienced by individuals from all
communities, including the general category, who meet specified income and
asset criteria.
The Supreme Court of India has affirmed the validity of EWS reservations in
various rulings, such as in the case of Janhit Abhiyan vs. Union of India
(2019), where the court upheld the constitutionality of the 103rd
Constitutional Amendment Act and the implementation of EWS reservations,
stating that it was a legitimate exercise of Parliament's authority to
uplift socially and educationally backward classes as outlined in Articles
15 and 16.
- Constitutional Facets for the Reservation of Economically Weaker
sections:
The constitutional dimensions concerning reservations for economically
disadvantaged segments entail various facets.
Various constitutional provisions, including ―Articles 15, 29, 46, and
341‖9, earnestly aim to uplift the social well-being of marginalized
sections and recognize the existence of backward classes in India. The 103rd
Amendment Act represents a sincere endeavour to alleviate the challenges
faced by individuals hindered by their economic circumstances. However,
historical deliberations during the Constitutional Assembly's discussions on
the First Amendment Act of 1951 highlight that the definition of
backwardness was initially aligned with Article 340(1), indicating a broader
understanding beyond mere economic factors. Despite recognizing the
significance of economic backwardness in identifying socially and
educationally backward classes, the term "economically" was omitted from
Article 15(4).
In the K.C. Vasanth Kumar v. State of Karnataka10 case, the Supreme
Court deliberated on the characteristics of lower social strata, at the
behest of the Karnataka government seeking guidance on establishing rules
for a Commission's duties. While each judge offered distinct perspectives, a
closer analysis reveals unanimous agreement on the pivotal role of economic
criteria in determining backwardness. Justice Chandrachud underscored the
importance of considering two criteria: comparability with Scheduled Castes
and Scheduled Tribes in terms of backwardness, and passing the means test
established by the State Government to assess current economic backwardness.
- EWS Reservations and The Basic Structure Doctrine:
Originating from the pivotal case of Kesavananda Bharati v. State of Kerala
(1973)11, the Supreme Court ruled that while Parliament possesses the
authority to amend the Constitution, it is restricted from altering its
basic structure. This doctrine serves as a safeguard, ensuring that the core
essence of the Constitution, envisioned by its creators, remains preserved
despite potential alterations over time.
Before exploring the concepts of equality and reservation, it's imperative to
thoroughly comprehend the basic structure doctrine and its application to
constitutional amendments. This involves examining the essential elements of the
doctrine as previously established and applied, along with the guiding
principles relevant to the specific amendment under consideration. The authority
granted by Article 368 to amend the Constitution has been a significant aspect
of constitutional law in India.
This power, considered as a constituent power, is subject to various safeguards
outlined in Article 368, including procedural safeguards, which have led to
several significant changes, some of which have been contentious. Notably, the
theory of basic structure was not deliberated upon in the Constituent Assembly
during the formulation of mechanisms for amending the Constitution.
An amendment to the constitution may be overturned only if it has the potential
to change the constitution's identity or violates the basic structure doctrine.
In the case of Janhit Abhiyan vs. Union of India and Others12, The argument
presented refuted the petitioners' claim that the challenged amendments
fundamentally alter the Constitution's core structure.
It was suggested that to successfully challenge a constitutional amendment, it
must be proven that the essence of the Constitution itself has undergone a
transformation. It was contended that a mere modification to a constitutional
article, even if it involves a fundamental aspect, does not necessarily violate
the basic feature.
The assertion was made that the newly introduced provisions, specifically
Articles 15(6) and 16(6), serve as enabling mechanisms for the advancement of
economically disadvantaged sections. Furthermore, it was argued that these
provisions align with the principles of reservation and affirmative action,
which serve as pillars for safeguarding equality among citizens, as outlined in
Articles 15(1), 15(2), 16(1), and 16(2).
In simple terms, the principle of equality can be summarized as treating equals
equally and addressing the unequal differently. To apply this principle in
practice, we need to distinguish between those who are similar and should be
treated equally and those who are different and may require different treatment.
This process is known as fair, just, and reasonable classification. Therefore,
the reservation introduced by the 103rd Constitutional Amendment is based on
such reasonable classification.
Moreover, ensuring genuine and meaningful equality in a diverse society requires
ongoing efforts to eliminate inequalities wherever they exist and in whatever
form they manifest. This responsibility falls on the state, which is tasked with
affirmative action. One legally recognized form of affirmative action is
compensatory discrimination, which aims to reduce discrimination initially and
ultimately eradicate it, thereby achieving true and substantive equality. This
has led to the implementation of reservation and quota systems in state
activities.
Conclusion
In summary, the introduction of reservations for Economically Weaker Sections (EWS)
in India marks a crucial milestone in tackling socioeconomic disparities and
fostering inclusive development. Enacted via the 103rd Constitutional Amendment
Act, this policy initiative aims to offer affirmative action to economically
disadvantaged individuals within the general category, complementing existing
reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and Other
Backward Classes (OBC).
This study, employing a blend of quantitative and qualitative research
methodologies, has scrutinized the justification, implementation hurdles, and
potential ramifications of EWS reservations. The examination underscores the
significance of adopting a just and equitable classification system based on
economic parameters to ensure fair opportunities for all societal segments.
Additionally, it underscores the imperative for holistic strategies to confront
the multifaceted obstacles of poverty, education, and employment confronted by
economically marginalized groups.
While EWS reservations signify a substantial policy intervention, their
effectiveness hinges on robust implementation mechanisms, inclusive stakeholder
engagements, and periodic assessments to gauge their impact on socioeconomic
metrics. Ultimately, the efficacy of EWS reservations in India lies in their
capacity to foster social cohesion, diminish economic disparities, and cultivate
a more equitable society for forthcoming generations.
End-Notes:
- Ambar Kumar Ghosh, The new Economically Weaker Sections (EWS) Quota: The changing idea of an affirmative action, Observer Research Foundation (April 15, 2024, 5.20 p.m), https://www.orfonline.org/expert-speak/the-new-economically-weaker-sections-ews-quota
- Alex Andrew George, Reservation for Economically Weaker Sections (EWS) - Understand the 10% Quota Bill, Clear IAS (April 15, 2024, 5.34 p.m), https://www.clearias.com/reservation-economically-weaker-sections-ews-quota/
- EWS Reservation, Supreme Court Observer (April 15, 2024, 5.39 p.m), https://www.scobserver.in/cases/janhit-abhiyan-union-of-india-ews-reservation-case-background/
- The Government of India Act, 1935
- UNDP India Report 2018 Multidimensional Poverty Index, available at (accessed on 15-04-23)
- 1992 Supp (3) SCC 217
- Ashoka Kumar Thakur v. Union of India (2008) 6 SCC 1
- R. Chitralekha v. State of Mysore AIR 1964 1823
- INDIA CONST. art. 15, 29, 46, 341
- K.C. Vasanth Kumar v. State of Karnataka, 1985 Supp SCC 714
- Keshavananda Bharti v. State of Kerala, AIR 1973 4 SCC 225
- Janhit Abhiyan v. Union of India, WRIT PETITION (CIVIL) NO(S). 55 OF 2019
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