Constitutional Amendment 103.EWS Reservations.07.06.2025.by Sivaji.A UT News Team.
From ...Sivaji UT News.Team.Kadapa.AP
Constitutional Amendment 103.EWS Reservations 10%.07.06.2025.by Sivaji.A UT News Team.๐️๐️๐️๐️๐️๐️๐️๐️๐️๐️๐ค๐ค๐ค๐ค๐ค๐ค๐ค๐ค๐ค๐๐๐๐๐๐๐๐๐
103rd Constitutional Amendment Act
1)103rd Constitutional Amendment Act,
2)Features,
3)Need,
4)SC Verdict.
1)
The 103rd Constitutional Amendment Act introduced a 10% reservation for Economically Weaker Sections (EWS) of society in India, raising the total reservation quota to 59.5%.
The 103rd Constitutional Amendment Act passed in 2019,by Modi government, represents a significant shift in India’s approach to affirmative action. This amendment introduced a 10% reservation for Economically Weaker Sections (EWS)among FCs in educational institutions including private educational institutions and government jobs to address economic disparities in Indian society. The amendment has sparked intense debate about its implications for the Indian Constitution’s fundamental structure and equality principles.
What is the 103rd Constitutional Amendment Act?
The 103rd Amendment Act provides for reservations in state appointments and admission to educational institutions including private educational institutions for “Economically Weaker Sections of Citizens (EWS)“. This reservation can cover up to 10% of the total available seats. On the one hand, it is praised as a tool for economic justice, but it is also chastised for violating the very foundations of the Constitution.
2)
103rd Constitutional Amendment Act Features.
The 103rd Constitutional Amendment Act introduced a 10% reservation for economically weaker sections (EWS) in government jobs and educational institutions including private educational institutions . It also amended Articles 15 and 16 of the Indian Constitution to allow for special provisions benefiting EWS groups while excluding SC, ST, and OBC categories from this reservation.
Introduction of 10% Reservation for EWS: The amendment establishes a 10% reservation for individuals from economically disadvantaged backgrounds in government jobs and educational institutions including private. This is in addition to the existing 50% reservation for SC, ST, and OBCs.
Constitutional Validity: The 103rd Amendment altered Article 15 and Article 16 of the Indian Constitution.
Article 15(6) allows for special provisions for EWS in educational institutions.
Article 16(6) provides for the reservation of appointments or posts in favour of EWS.
Criteria for EWS Eligibility: To qualify for the EWS reservation, the person must meet the following conditions:
The family’s annual income should be less than ₹8 lakh.
The family should not own more than 5 acres of agricultural land.
The family should not own a residential flat of more than 1,000 square feet or a house of more than 100 square yards in a notified municipality.
Exclusion of SCs/STs/OBCs Beneficiaries: The reservation under this amendment is specifically for individuals from the general category who are not covered by existing SCs, STs or OBCs reservations.
3)
Applicability Across All Educational Institutions:
The amendment applies to all educational institutions, including private institutions, whether aided or unaided, except for minority institutions under Article 30(1).
103rd Constitutional Amendment Act Need
The 103rd Constitutional Amendment Act was introduced in India to address specific socio-economic challenges and to extend affirmative action to economically weaker sections (EWS) of society. The main reasons for the introduction of the act include:
Addressing Economic Inequality: The amendment seeks to reduce economic disparities by providing opportunities to economically disadvantaged people who are not eligible for existing reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
Inclusive Growth: The amendment aims to promote inclusive growth by extending reservations to EWS while ensuring that economic disadvantages do not prevent access to education and employment opportunities.
Constitutional Mandate: The amendment is consistent with Article 46 (Directive Principles of State Policy) of the Constitution, which directs the state to promote the educational and economic interests of marginalised groups, thereby fulfilling a constitutional mandate to protect them.
Political and Social Demand: There was growing political and social pressure to address the needs of economically disadvantaged members of the general population who felt excluded from the benefits of existing reservation policies.
Balancing Reservation Policies: The amendment was seen as a necessary step to balance the reservation system by including economically disadvantaged individuals from the general category, thereby broadening the scope of affirmative action beyond caste-based criteria.
Supreme Court Verdict on the 103rd Constitutional Amendment Act
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.
4)
Constitutional Validity: The Supreme Court upheld the constitutionality of the 103rd Amendment. The court ruled that the amendment did not violate the Constitution’s fundamental structure, despite concerns about its impact on equality and the 50% reservation cap established in previous rulings.
Judges Arguments: All five judges agreed that the Constitution allows reservations based on economic criteria, but they disagreed on eligibility and the number of reserved seats.
Justices Maheshwari, Trivedi, and Pardiwala supported the amendment, stating that EWS reservations are valid and can exclude SCs/STs and OBCs groups.
They argued that treating different groups equally is unjust. ‘Just as equals cannot be treated unequally, unequals cannot be treated equally’.
However, Justice Bhat opposed the exclusion of SCs/STs and OBCs, saying it violates the Constitution’s basic structure and breaches the 50% reservation limit set by Indra Sawhney.
103rd Constitutional Amendment Act Impacts
The 103rd Constitutional Amendment Act, which introduced a 10% reservation for Economically Weaker Sections (EWS), has had the following significant impacts on the socio-economic and educational landscape of the country:
Expansion of Reservation Policy: The amendment significantly broadens India’s reservation policy by incorporating economically disadvantaged groups, potentially paving the way for future expansions based on different criteria.
Higher Administrative Burden: Implementing the 10% EWS reservation necessitates extensive administrative efforts, such as identifying eligible beneficiaries, maintaining transparency, and avoiding overlaps with existing reservations.
Potential Legal Precedents: The amendment and subsequent Supreme Court decision may set legal precedents for future constitutional amendments and affirmative action policies, particularly regarding the interpretation of the 50% cap and the application of economic criteria.
Identifying Beneficiaries: Ensuring that only truly economically disadvantaged people benefit from the reservation is a significant challenge. The number of fake EWS certificates has increased, thud required a more scrutinised process for granting EWS certificates.
Effects on Educational and Employment Opportunities: The amendment expands access to higher education, including IITs and IIMs, for economically disadvantaged groups not covered by existing reservations, though it may raise concerns about balancing reservation and meritocracy.
Reduced Merit Quota: The introduction of EWS reservations has reduced the number of seats available under the merit quota, affecting candidates from all categories, including General, OBCs, SCs, and STs.
Potential for Increased Demands: The amendment may increase reservation demand from other groups, potentially opening a “Pandora’s Box” of state legislation seeking to exceed the allowable reservation threshold.
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OUR UT NEWS .OPINION.
Sivaji.
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We are Not interested in discussing about EWS.
RESERVATIONS
But,
We are concerned on Reservation for SC.ST in Private educational institutions.
After introduction of Reservation for EWS 10% in govt and private Educational institutions,the so called FCs are giving high pressure to get seats in Private schools,colleges(Eng,Medical etc colleges) for EWS,But Reservation for SC.ST.OBC exists in govt and Private Educational Institutions,but no where it is implemented and still no orders are issued to implement the same.
Where as all FCs Brahmins are working for implementation of 10% in Private Schools and colleges.The private schools and colleges have already started implemented because they know if not implemented they will go to the court .
But in ourside,
For name sack lot of SC.ST big,big people are there but still nobody insist to give reservation for SC.STs in Private Educational Institutions.
Why ?
Because our people are only slaves for others.or servant for FC.
Hon.Murmu is President of India.She cannot not do.
Hon.Gavai.Cheif Justice of India.He cannot do.
Hon.Kovind Ex President.Already he is the biggest shoe polishing person.
Hon.K.R.Narayanan.Ex President.
Hon.Meira kumar.Ex Speaker.no use.
Hon.Balayogi.Ex President of BJP.
Hon.Malligarjuna kharge,President of Congress.waste fellow.
Hon.Yashwant prakash Ambedkar.President.Vanchit bhahujan ahadi.useless.drunkard.
Hon.Thol.Thirumavalavan.MP..VCK.womaniser and biryani eater.
Hon.Chandrasekar Azad.MP.Up.growing politition.
Hon.Chirag paswas.Union Minister and waste management.
So none of the above are interested in developing SC.STs.
How to get Reservation in Private Schools.?
OBC will never work,because they are so rich.Only we have to work How?
Our Assns,orgns, must write a letter to the Private schools situated in your area to provide Reservation to SC.ST in their schools.You can visit their schools and get the details through RTI act.If you need assistance please contact us in what's app 9444917060.
Let us try to work for our community until we die.ok
All the Best.
Sivaji.9444917060.WApp.
UT News.
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