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The 103rd Constitutional Amendment (2019) added 10% reservation for Economically Weaker Sections (EWS) among forward castes under Articles 15(6) and 16(6). In Janhit Abhiyan v. Union of India (2022), the Supreme Court upheld this amendment, holding that:
- EWS classification based on economic criteria violates basic structure
- EWS classification based on economic criteria is valid, 50% ceiling not inflexible, and exclusion of SC/ST/OBC from EWS quota permissible
- Reservation based solely on economic criteria is unconstitutional
- 50% ceiling on total reservation is absolute and cannot be exceeded
Answer: EWS classification based on economic criteria is valid, 50% ceiling not inflexible, and exclusion of SC/ST/OBC from EWS quota permissible
EWS reservation jurisprudence: (a) 103rd Amendment (2019): Inserted Articles 15(6), 16(6) enabling 10% reservation for EWS among forward castes (not covered under Articles 15(4), 16(4)), (b) Janhit Abhiyan (2022): 3:2 majority upheld amendment: (i) Economic criteria valid for classification under Article 14: Intelligible differentia (economic disadvantage), rational nexus (remedying economic inequality), (ii) 50% ceiling (Indra Sawhney) not inflexible: Can be exceeded for extraordinary situations, compelling reasons, (iii) Exclusion of SC/ST/OBC permissible: They already have separate reservations; EWS quota for forward castes addresses distinct disadvantage, (c) Applications: (i) Implementation: States identify EWS based on income (<₹8 lakh/year), landholding, residential criteria, (ii) Challenges: Verification of economic criteria, awareness among eligible groups, capacity for implementation, (d) Broader principle: Substantive equality requires addressing multiple dimensions of disadvantage (social, economic); calibrated affirmative action balances group justice with individual merit, (e) Illustrates adaptive equality jurisprudence: Article 14 interpreted to permit economic criteria for reservation; proportionality ensures measures rational, necessary, balanced.