EWS ruling may help case for breaching 50% quota ceiling

Subject :Polity

Section: Constitution

Context: Arguments in EWS verdict may serve as a shot in the arm for seeking more quota post Bihar caste survey.

More about news:

The Supreme Court’s majority decision to uphold the 10% economically weaker sections (EWS) quota for forward castes may encourage backward classes to seek reservation beyond the 50% limit.
The EWS ruling argued that the 50% cap wasn’t rigid, allowing flexibility based on special circumstances, and reservations shouldn’t be reduced to a mathematical formula.
The Bihar caste-based survey data revealed that the Other Backward Classes and Extremely Backward Classes make up 63% of the state’s population.
This could lead to challenges against the 50% limit in reservation cases, citing special circumstances and social diversity.

What is the issue all about:

The Bihar survey data could reignite the debate about the 50% cap on reservations set by the Supreme Court in 1992.
This limit was imposed to maintain administrative efficiency.
In 2021, a five judge Constitution bench of the SC unanimously struck down a Maharashtra law which provides reservation to the Maratha community as unconstitutional, holding the total quota limit would exceed 50%.
However, a five-judge bench (in a 3:2 majority) of the SC upheld the 10% EWS quota, which also breached the 50% ceiling. The court held that the ceiling was for backward classes.
The survey’s findings are likely to intensify calls for increasing the OBC (Other Backward Classes) reservation in India beyond the current 27%

What is Economically Weaker Section (EWS) Quota:

The 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 educational institutes for Economically Weaker Sections (EWS).
It 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 the Centre and the States to provide reservations to the EWS of society

What are the Related provisions in the Constitution:

Article 16(1) and 16(2) assure citizens equality of opportunity in employment or appointment to any government office.
Articles 15(4) and 16(4) state that the equality provisions do not prevent the government from making special provisions in matters of admission to educational institutions or jobs in favor of backward classes, particularly the Scheduled Castes (SCs) and the Scheduled Tribes (STs).
Article 16(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.
Article 15(6): Up to 10% of seats may be reserved for EWS for admission in educational institutions. Such reservations will not apply to minority educational institutions.
Article 16(6): It permits the government to reserve up to 10% of all government posts for the EWS