What is the maximum percentage of reservation allowed for Economically Weaker Sections (EWS) under the 103rd Amendment Act, 2019?

Correct option is D

The correct answer is: (D) 10%

Explanation:

• The 103rd Constitutional Amendment Act, 2019 introduced a provision for 10% reservation in educational institutions and public employment for Economically Weaker Sections (EWS) of citizens who are not covered under existing reservations for SCs, STs, and OBCs.

• This EWS quota is in addition to the existing 49.5% reservations, taking the total reservation to 59.5%, exceeding the 50% cap set by earlier Supreme Court judgments, which was upheld later by a 5-judge Constitution Bench in 2022.

Information Booster:

• The reservation is provided under Article 15(6) (education) and Article 16(6) (public employment), inserted by the 103rd Amendment.

• Beneficiaries must have an annual family income less than ₹8 lakh, and must not belong to SC, ST, or OBC categories.

• The 103rd Amendment was passed by both Houses of Parliament in January 2019 and received Presidential assent on 12 January 2019.

• It applies to unaided private educational institutions and aided institutions, excluding minority institutions under Article 30.

Additional Knowledge:

• The constitutional validity of the EWS reservation was upheld by the Supreme Court in November 2022 by a 3:2 majority.

• The implementation of EWS quota has been seen in NEET-UG, UPSC, and other central government recruitment processes.

• The amendment does not affect existing reservations for SCs, STs, and OBCs, which remain unchanged.

• This is the first instance of economic criteria being used as a basis for reservation in India.