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Economically Weaker Section
Economically Weaker Section (EWS) in India is a subcategory of people having an annual family income less than ₹8 lakh (US$9,500) and who do not belong to any category such as SC/ST/OBC(Central list) across India, nor to MBC in Tamil Nadu. A candidate who does not fall under SC/ST/OBC and fulfils the EWS economic criteria is to be part of the EWS category. However, OBCs described in the State list but not in the Central list are also eligible for the EWS.
On 7 January 2019, Union Council of Ministers approved a 10% reservation in government jobs and educational institutions for the Economically Weaker Section (EWS) in the unreserved (general) category The cabinet decided that this would be over and above the existing 50% reservation for SC/ST/OBC categories.
On 8 January 2019, The Constitution (One Hundred and Third amendment) Bill, 2019 was tabled in the Lok Sabha, the lower house of the Parliament of India and it was passed on the same day. The bill was passed by the upper house Rajya Sabha on 9 January. President Ram Nath Kovind gave assent to the bill on 12 January 2019, and a gazette was released on the bill, which turned it into law. Coming into force on 14 January 2019, the One Hundred and Third Amendment of the Constitution of India amended articles 15(6) and 16(6) of the Constitution of India to permit 10% reservations to the EWS category. A number of state cabinets approved the law and announced their intention to implement the 10% EWS reservations.
On 10 January 2019, Youth For Equality, an NGO that opposes caste-based policies, challenged the proposed amendment at the Supreme Court of India on grounds that it breaches the 50% reservations ceiling set by the same court; the group said it fully supports EWS reservations but wants this to be done by converting the existing 27% OBC quota into an economic means-tested non-caste-based quota instead, thus staying within the 50% cap set by the apex court. Conversely, leaders of Backward Classes welfare groups also approached the Supreme Court, opposing reservations for EWS groups altogether, arguing that EWS groups did not meet the reservations criteria that the same court had specified in an earlier case.
On 25 January 2019, the Supreme Court refused to stay the 10% reservation given to GEN-EWS category in government jobs and educational institutions. On 6 August 2020, the court decided that a 5-member bench would hear the case.
On 7 November 2022, Supreme Court of India by a 3:2 verdict in Janhit Abhiyan vs Union Of India Writ Petition (Civil) No(S). 55 OF 2019, upheld the validity of the 103rd constitutional amendment carried out to provide legal sanction carve out 10% reservation for the economically weaker sections from unreserved classes for admission in educational institutions and government jobs and held that the 50% cap on quota is not inviolable and affirmative action on economic basis may go a long way in eradicating caste-based reservation. This constitutional amendment pushed the total reservation to 59.50% in central institutions.
The Union Government of India tabled the Constitution (One Hundred third, 103rd CAA) Bill, 2019, by amending articles 15(6) and 16(6) of the constitution which provided 10% additional quota for the EWS students amongst the erstwhile Unreserved category or General category students.
The terms Economically Weaker Section (EWS) and Economically Backward Class (EBC) are not meant to be confused with each other in India. The definition of EWS has been defined by the Government of India, whereas the definition of EBC and Most Economically Backward Class (MEBC) vary in different states as well as institutions.
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Economically Weaker Section
Economically Weaker Section (EWS) in India is a subcategory of people having an annual family income less than ₹8 lakh (US$9,500) and who do not belong to any category such as SC/ST/OBC(Central list) across India, nor to MBC in Tamil Nadu. A candidate who does not fall under SC/ST/OBC and fulfils the EWS economic criteria is to be part of the EWS category. However, OBCs described in the State list but not in the Central list are also eligible for the EWS.
On 7 January 2019, Union Council of Ministers approved a 10% reservation in government jobs and educational institutions for the Economically Weaker Section (EWS) in the unreserved (general) category The cabinet decided that this would be over and above the existing 50% reservation for SC/ST/OBC categories.
On 8 January 2019, The Constitution (One Hundred and Third amendment) Bill, 2019 was tabled in the Lok Sabha, the lower house of the Parliament of India and it was passed on the same day. The bill was passed by the upper house Rajya Sabha on 9 January. President Ram Nath Kovind gave assent to the bill on 12 January 2019, and a gazette was released on the bill, which turned it into law. Coming into force on 14 January 2019, the One Hundred and Third Amendment of the Constitution of India amended articles 15(6) and 16(6) of the Constitution of India to permit 10% reservations to the EWS category. A number of state cabinets approved the law and announced their intention to implement the 10% EWS reservations.
On 10 January 2019, Youth For Equality, an NGO that opposes caste-based policies, challenged the proposed amendment at the Supreme Court of India on grounds that it breaches the 50% reservations ceiling set by the same court; the group said it fully supports EWS reservations but wants this to be done by converting the existing 27% OBC quota into an economic means-tested non-caste-based quota instead, thus staying within the 50% cap set by the apex court. Conversely, leaders of Backward Classes welfare groups also approached the Supreme Court, opposing reservations for EWS groups altogether, arguing that EWS groups did not meet the reservations criteria that the same court had specified in an earlier case.
On 25 January 2019, the Supreme Court refused to stay the 10% reservation given to GEN-EWS category in government jobs and educational institutions. On 6 August 2020, the court decided that a 5-member bench would hear the case.
On 7 November 2022, Supreme Court of India by a 3:2 verdict in Janhit Abhiyan vs Union Of India Writ Petition (Civil) No(S). 55 OF 2019, upheld the validity of the 103rd constitutional amendment carried out to provide legal sanction carve out 10% reservation for the economically weaker sections from unreserved classes for admission in educational institutions and government jobs and held that the 50% cap on quota is not inviolable and affirmative action on economic basis may go a long way in eradicating caste-based reservation. This constitutional amendment pushed the total reservation to 59.50% in central institutions.
The Union Government of India tabled the Constitution (One Hundred third, 103rd CAA) Bill, 2019, by amending articles 15(6) and 16(6) of the constitution which provided 10% additional quota for the EWS students amongst the erstwhile Unreserved category or General category students.
The terms Economically Weaker Section (EWS) and Economically Backward Class (EBC) are not meant to be confused with each other in India. The definition of EWS has been defined by the Government of India, whereas the definition of EBC and Most Economically Backward Class (MEBC) vary in different states as well as institutions.