Supreme Court’s decision on EWS QUOTA Unfortunate and Disappointing as it, Violates Basic Spirit of Constitution

On 7th November, 2022 Supreme Court of India, upheld the validity of the 103rd Constitution amendment providing 10 per cent reservation to EWS (Economically Weaker Section) in admissions and govt jobs. This reservation was introduced in 2019. In 2019, months before the imminent general election, the Modi government introduced EWS reservation flouting all constitutional norms on reservations. The pliant and obsequious Godi Media channels jumped into the foray of portraying it as “another historical step”. However, this was not the first time when a reservation on an economic basis was proposed by the Government. Narasimha Rao’s Government in 1991 introduced similar reservations. But the idea was repudiated by a nine-judge constitutional Bench. That Nine Judge Bench of the Supreme Court was of the opinion that poverty alone cannot be the measure of backwardness and held that social and educational deprivation was the major reason behind the idea of reservation.

What are the problems with EWS reservations?

1. The Basic idea of reservation in our constitution is based on the idea of social and educational backwardness. In this way, EWS is antithetical to the constitutional wisdom.

2. The faulty criterion of EWS: The criterion for EWS is twofold. First, the annual income of the family would be less than 8 Lakh and the family must possess less than 5 acres of agricultural land. Second, The Family must belong to the non-SC ST OBC categories. This is categorisation is so broad that more than 90% of the non-SC ST OBC population would eligible for it.

3. Statutory ceiling on reservation relaxed to coax casteist sentiments: According to our constitution, the overall number of reserved seats cannot exceed 50%.

Various democratic forces have are of the opinion that the number seats under reservation of SC/ST and OBC should be increased. Whenever such demands are raised, the anti-reservation lobby cites the 50% ceiling criteria to reject that demand.

The EWS reservation flouts that 50% ceiling. But to our astonishment, we find that the criterion of the constitutional ceiling was comfortably ignored to make way for this EWS reservation. This shows the inherent casteist bias of RSS-BJP.

4. Is there no poor in the SC-ST-OBC community?

Those who come from SC/ST/ OBC communities are not allowed to apply for the EWS quota. WHY? If the Modi government is really committed in uplifting the economically weaker sections, why are they depriving the Dalits/ Adivasis and OBCs by denying them EWS quota? Do they believe that there is no poverty among these social groups? It is academically proved that poverty is more concentrated among the Dalits, Adivasis and OBCs. Then why this denial? This shows why this ‘EWS Reservation’ is a farce and a ploy of exclusion of the Dalits/ Adivasis and OBCs.

We demand that this verdict be revisited by the Supreme Court of India. The deafening silence of the political class about this farse of ‘EWS Reservation’ exposes the political bankruptcy of the different political parties.