Economically Weaker Sections (EWS)

Economically Weaker Sections (EWS) is a category introduced by the Government of India to provide reservation benefits based on economic status, rather than caste or social background. This classification was constitutionally recognised through the 103rd Constitutional Amendment Act, 2019, marking a major policy shift in India’s affirmative action framework by extending reservation benefits to economically disadvantaged individuals belonging to the non-SC, non-ST, and non-OBC communities.
EWS reservation seeks to promote economic inclusion and ensure that citizens from all sections of society have fair access to education and employment opportunities.

Background and Context

For decades, India’s reservation policy was primarily based on social and educational backwardness, focusing on historically marginalised groups such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). However, economically disadvantaged individuals from forward or unreserved categories had no access to similar benefits.
The demand for economically based reservation gained traction during the 1980s and 1990s, leading to multiple discussions and state-level experiments in states like Gujarat, Andhra Pradesh, and Bihar.
In response to growing calls for equitable treatment of the poor across all communities, the Union Government enacted the 103rd Constitutional Amendment Act, 2019, thereby officially introducing the EWS category in the Indian Constitution. This amendment was a landmark step, acknowledging economic deprivation as an independent ground for affirmative action.

Constitutional Provisions

The 103rd Constitutional Amendment Act, 2019 inserted the following provisions:

• Article 15(6): Allows the State to make special provisions for the advancement of economically weaker sections of citizens, including up to 10% reservation in educational institutions (public and private, except minority institutions).
• Article 16(6): Enables the State to provide up to 10% reservation in government employment for EWS citizens, in addition to the existing reservations for SCs, STs, and OBCs.

This was the first constitutional amendment to recognise economic criteria as a legitimate basis for reservation in India. The total reservation ceiling was thus raised to 60%, breaking the earlier 50% limit set by the Supreme Court in the Indra Sawhney vs. Union of India (1992) case.

Eligibility Criteria for EWS

The EWS category applies to individuals and families who satisfy specific economic and asset-based criteria. As per the Government of India’s notification (2019), a person qualifies as EWS if they meet the following conditions:

1. Income Limit:
   • Annual family income is below ₹8,00,000 (from all sources such as salary, business, agriculture, etc.).
2. Land and Property Holdings:
   • Agricultural land less than 5 acres.
   • Residential flat area less than 1,000 sq. ft.
   • Residential plot less than 100 sq. yards in notified municipalities or 200 sq. yards in non-notified areas.
3. Exclusion Criteria:
   • Individuals belonging to SC, ST, or OBC categories are not eligible for EWS reservation, as they already benefit from other affirmative action schemes.

The income and asset certificate for claiming EWS reservation is issued by the competent local authority, such as a Sub-Divisional Officer (SDO), Tehsildar, or Revenue Officer, following prescribed government procedures.

Implementation of EWS Reservation

The EWS quota came into effect from January 2019 and has since been implemented across central educational institutions and central government jobs. States have also adopted EWS reservation in their own recruitment and educational frameworks with necessary modifications.
Key Areas of Implementation:

• Education: 10% of seats are reserved for EWS candidates in central institutions such as IITs, IIMs, and central universities.
• Employment: 10% reservation is applicable in direct recruitment for central government posts and services.
• Entrance Examinations: Competitive examinations like UPSC, NEET, and JEE have introduced the EWS category for seat allocation and cut-off relaxation.

The Ministry of Personnel, Public Grievances and Pensions and the Ministry of Education oversee the implementation of EWS reservation at the central level.

Judicial Validation

The EWS reservation was challenged before the Supreme Court in multiple petitions questioning its constitutional validity on grounds that it breached the 50% ceiling on reservations and discriminated against socially backward classes.
In Janhit Abhiyan v. Union of India (2022), a five-judge Constitution Bench upheld the validity of the 103rd Amendment by a 3:2 majority, holding that:

• Economic criteria can be a valid basis for reservation.
• The 50% ceiling is not an inviolable constitutional limit.
• Exclusion of SCs, STs, and OBCs from EWS does not violate the principle of equality, as they already benefit from other reservations.

This judgement confirmed the constitutional legitimacy of EWS reservation, marking a significant evolution in India’s affirmative action policy.

Distinction Between EWS and EBC

Although both categories address economic disadvantage, they differ in scope and legal recognition:

Thus, while EBC is a broader, state-level concept, EWS is a constitutionally protected category applicable nationwide.

Advantages and Significance

The introduction of EWS reservation carries significant socio-economic and political implications:

• Economic Inclusion: Ensures that poverty, regardless of social group, receives due attention in public policy.
• Balanced Affirmative Action: Addresses longstanding grievances of economically poor individuals from unreserved communities.
• Educational Access: Expands opportunities for economically weaker students to access premier institutions.
• Employment Equity: Provides a level playing field in government recruitment.
• Social Harmony: Reduces tensions between reserved and unreserved groups by offering a degree of parity in welfare distribution.

Criticisms and Challenges

Despite its positive intent, the EWS reservation has been subject to considerable debate and criticism:

• Breach of 50% Ceiling: Critics argue that increasing total reservations beyond 50% undermines the principle of equality.
• Exclusion of SC/ST/OBC Poor: Economically weak individuals from reserved categories are excluded, even if they are poorer than general category EWS candidates.
• Verification Difficulties: Accurately assessing income and asset ownership poses administrative challenges.
• Limited Impact: Economic reservations alone may not address deeper structural inequalities related to caste and region.
• Political Instrumentalisation: Some view EWS as a politically motivated policy rather than a purely welfare-driven measure.

Recent Developments

Following the Supreme Court’s validation, both central and state governments have accelerated EWS implementation:

• Central Educational Institutions (CEI) Act, 2019 was amended to incorporate EWS reservation without reducing existing SC/ST/OBC quotas.
• States such as Maharashtra, Rajasthan, Gujarat, and Tamil Nadu have adopted EWS quotas in their services and institutions.
• Periodic reviews are being undertaken to reassess income thresholds and streamline certification procedures.

Future Outlook

The EWS reservation marks a paradigm shift in India’s social justice framework, introducing an economic dimension to affirmative action. Going forward, its success will depend on:

• • Accurate identification and transparent certification of eligible beneficiaries.
  • Balancing economic and social parameters in welfare distribution.
  • Regular policy evaluation to ensure that the benefits reach the genuinely needy.

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