HPAS 2025 GS2 Question 1

HPAS 2025 Mains GS-2 Question 1

Describe the major provisions of reservations for the Economically Weaker Sections (EWS).

Solution:

The reservation for Economically Weaker Sections (EWS) was introduced by the 103rd Constitutional Amendment Act, 2019. This amendment provides for a 10% reservation in government jobs and educational institutions for EWS from the “unreserved” or “general” category, i.e., those not covered by existing SC, ST, or OBC reservations.

The major provisions are twofold: constitutional amendments and eligibility criteria.

1. Constitutional Provisions

The 103rd Amendment inserted two new clauses into the Constitution to enable this reservation:

• Article 15(6): This clause empowers the State to make special provisions for the advancement of any economically weaker sections of citizens.
  • It allows the state to provide up to 10% reservation in **educational institutions**.
  • This includes **private educational institutions**, whether aided or unaided by the State.
  • The only exception is **minority educational institutions** (as defined in Article 30(1)).
• Article 16(6): This clause empowers the State to make provisions for reservation in public employment.
  • It allows for the reservation of up to 10% of all posts or appointments in **government jobs** (public employment) in favour of EWS.

Crucially, both clauses state that this 10% reservation is “in addition to the existing reservations,” effectively breaching the 50% ceiling on total reservations established in the 1992 *Indra Sawhney* case.

2. Eligibility Criteria (as notified by the Central Government)

A person must meet two sets of criteria to be eligible for EWS reservation:

• A) Not Covered by Existing Reservation: The person or their family must *not* be beneficiaries of the reservation for Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC).
• B) Income and Asset Criteria:
  1. Income Test: The gross annual family income from all sources (salary, agriculture, business, etc.) must be **below ₹8 lakh** for the financial year prior to application.
  2. Asset Test (Exclusionary): Even if the income is below ₹8 lakh, the person will be *disqualified* if their family owns *any* of the following assets:
     • 5 acres of agricultural land and above;
     • A residential flat of 1000 sq. ft. and above;
     • A residential plot of 100 sq. yards and above in notified municipalities;
     • A residential plot of 200 sq. yards and above in areas other than notified municipalities.

Judicial Validation

The 103rd Amendment was challenged but subsequently upheld by a 3:2 majority of the Supreme Court in the Janhit Abhiyan vs. Union of India case (2022). The court affirmed that reservation based solely on economic criteria is permissible and does not violate the basic structure of the Constitution.

Concise Model Answer (150-Word Limit)

The major provisions for EWS reservation were introduced by the 103rd Constitutional Amendment Act, 2019, to provide a 10% quota for economically weaker sections not covered by SC/ST/OBC reservations.

The key provisions are:

1. Constitutional Backing: It inserted **Article 15(6)**, allowing up to 10% reservation in educational institutions (including private, but excluding minority institutions), and **Article 16(6)**, providing up to 10% reservation in public employment.
2. Eligibility Criteria: The reservation is for individuals whose gross family income is **below ₹8 lakh**.
3. Exclusionary Asset Test: Applicants are ineligible if their family owns 5+ acres of agricultural land, a 1000+ sq. ft. flat, or a residential plot of 100+ sq. yards in a notified municipality (200+ sq. yards elsewhere).

This 10% quota is in addition to existing reservations and was upheld by the Supreme Court in the Janhit Abhiyan case (2022).