An Analysis of the Constitutionality of the Economically Weaker Sections (EWS) Reservation

10 Pages Posted: 24 Mar 2020

See all articles by SIMRANDEEP SINGH

SIMRANDEEP SINGH

Tamil Nadu National Law University; affiliation not provided to SSRN

Date Written: NOVEMBER 24, 2019

Abstract

The 103rd constitutional amendment introduced reservation of up to 10 percent in government jobs and educational institutions for “Economically Weaker Sections (EWS)” which is currently includes citizens with an annual income of less than Rs.8 Lakh. The pool of eligible citizens excludes those already covered under Articles 15(4) and (5), and Article 16 (4) of the constitution - which provides for reservations for SC’s, ST’s and Other backward classes. As a result, only citizens belonging to upper castes will be eligible for reservations under this amendment. This amendment prima facie fails the twin test of backwardness which has been held as to include “socially and educationally backward communities”. Further, affirmative action based on economic critieria and wealth discrimination cannot be upheld under the doctrine of reasonable classification. Economic backwardness or poverty alone is not relevant under art. 15(4), but in some cases, along with other circumstances it may be indicative of social backwardness. This paper analyses the constitutionality of the EWS reservation in light of the established constitutional jurisprudence and judicial precedents.

Keywords: Constitutional Law, Reservation, Economically Backwards Sections, Article 15, Article 16, Socially and Educationally Backward, Reservation, Affirmative Action

Suggested Citation

SINGH, SIMRANDEEP, An Analysis of the Constitutionality of the Economically Weaker Sections (EWS) Reservation (NOVEMBER 24, 2019). Available at SSRN: https://ssrn.com/abstract=3543312 or http://dx.doi.org/10.2139/ssrn.3543312

SIMRANDEEP SINGH (Contact Author)

Tamil Nadu National Law University ( email )

Dindugal Main Road
Trichy, Tamil Nadu 620027
India

affiliation not provided to SSRN

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