Should reservations exist on economic basis? An analysis of EWS scheme.
SHARE:
Reservations on EWS criterion - The constitutionality of it
- The story: At the time of independence, the makers of the constitution of India realised the deep division in society that existed, and the problem of untouchability that existed since centuries. To eliminate it once and for all, "backwards" were identified as those in the "socially and educationally backward classes" (SEBC) and reservations in jobs and education were provided. There was a clear understanding that "social backwardness" (mostly due to caste system and untouchability) and educational backwardness (also mostly due to same reasons) would be the key to giving reservations. There was no provision for any economic-criterion based reservation.
- EWS quota: All this changed, when a 10% EWS quota was introduced under the 103rd Constitution (Amendment) Act, 2019 by amending Articles 15 and 16. It inserted Article 15 (6) and Article 16 (6).
- It is for economic reservation in jobs and admissions in education institutes for Economically Weaker Sections (EWS), and was enacted to promote the welfare of the poor not covered by the 50% reservation policy for Scheduled Castes (SCs), Scheduled Tribes (STs) and Socially and Educationally Backward Classes (SEBC).
- It enables both Centre and the states to provide reservation to the EWS of society.
- The Indian Supreme Court (SC) has questioned the method used by the Union government in fixing Rs. 8 lakh as the annual income limit to identify the Economically Weaker Section (EWS) for providing 10% quota in public jobs and educational institutions.
- Addresses inequality: The government claims that this 10% quota is progressive and can address the issues of educational and income inequality in India since the economically weaker sections of citizens remained excluded from attending higher educational institutions and public employment.
- The government accepted legallt that there were people (or classes) other than backward classes who are living under hunger and poverty-stricken conditions.
- This actually ended up giving reservation through a constitutional amendment for poor from the upper castes.
- Stigma of reservations: Government claimed it would also remove the stigma associated with reservation because reservation has historically been related with caste and most often the upper caste look down upon those who come through the reservation.
- Many questions and concerns: Experts have raised questions from the beginning on this idea.
- Where is the data - The Statement of Object and Reason in the EWS bill clearly mentioned that the economically weaker sections of citizens have remained excluded from attending the higher educational institutions and public employment on account of their financial incapacity to compete with the persons who are economically more privileged.” This is a guess (or a supposition) because the government has not produced any data to back this point.
- Breaches the cap on reservation: In the Indira Sawhney case 1992, the nine-judge Constitution bench put a cap of 50% on total reservations that can be given. The EWS quota breaches this limit.
- Arbitrary criteria: The criteria used by the government to decide the eligibility for this reservation is vague and is not based on any data or study. The SC questioned whether they checked the GDP per capita for every State while deciding the monetary limit for giving the EWS reservation. Statistics show that the per capita income in states differs widely - Goa is the state having the highest per capita income of almost Rs. 4 lakh whereas Bihar is at the bottom with Rs.40,000. How can EWS be the same everywhere?
- The road ahead: It is alleged that reservation adversely affects all the categories except the EWS by shrinking the competitive pool accessible to them. But candidates from EWS (higher castes, basically) are already overwhelmigly represented in higher educational institutions (HEIs). Instead of giving reservation based on different criterias government should focus on quality of education and other effective social upliftment measures. It should create a spirit of entrepreneurship and make them job-givers instead of a job seeker. Caste-based reservations (SEBC) should continue till society become more or less egalitarian, which is still some time away.
- EXAM QUESTIONS: (1) Explain the original logic for reservations, as envisaged in the Constitution of India. (2) What constitutional principles does the EWS reservation scheme violate? Explain. (3) Upper caste Indians criticise the reservations for SCs, STs and OBCs are being unjustified. Present your perspective.
#EWS #reservations #SC #ST #OBC
* Content sourced from free internet sources (publications, PIB site, international sites, etc.). Take your own subscriptions. Copyrights acknowledged.
COMMENTS