‘JANHIT ABHIYAN VS UNION OF INDIA’ FAMOUSLY KNOWN AS ‘EWS RESERVATION CASE’

Abstract

In 2019, a Bill was introduced in the Parliament for having Economically Weaker Section (EWS) quota for those sections of society who are not getting any benefit from the earlier reservation. The Parliament passed the 103^rd Amendment to the Constitution of India and thus 10% quota was fixed for those who though belong to general category but are economically weak.

This 103^rd amendment added new clause 6 with explanation to Article 15 and clause 6 to Article 16 of the constitution of India wherein it provided for a maximum of ten percent reservation for “the economically weaker sections” of citizens other than “the Scheduled Castes”, “the Scheduled Tribes” and the non-creamy layer of “the Other Backward Classes” in Educational Institutions and jobs.

The 103rd Constitutional Amendment Act was challenged before the Apex Court by way of filing of different writs petitions/SLPs/transferred cases. The Constitution Bench of Hon’ble Supreme Court vide four separate judgments under Janhit Abhiyan V. Union of India, 2022 dated 07.11.2022 upheld the constitutional validity of the 103^rd amendment vide 3:2 split verdict. The question before the court was whether the EWS reservation would be violating the basic structure of the Indian Constitution and whether it breaches the fifty percent ceiling of reservations as per already settled Supreme Court Judgments.

The Hon’ble court held that the 10% reservation would give due importance and acknowledgment to those poor from upper castes, who always aspire to get some help, but were always ignored from the governmental benefits in the name of being from upper caste. Further, this reservation would be a welcoming step in removing the stigma that reservation is always granted according to caste.