The Constitution (One Hundred and Third Amendment) Act, 2019 inserted Articles 15(6) and 16(6), enabling up to 10 per cent reservation for Economically Weaker Sections.
EWS reservation applies to admissions in educational institutions and appointments in civil posts and services.
The income criterion is a gross annual family income below Rs 8 lakh, and applicants must not be covered by existing SC, ST or SEBC reservations.
Irrespective of income, families owning five acres or more of agricultural land, a flat of 1,000 sq ft or more, or specified residential plots are excluded.
In Chhattisgarh the EWS policy has not been implemented, as the State's 2022 amendment Bill containing the provision has not yet been approved.
Enacted on 9 January 2019, it inserted Articles 15(6) and 16(6) permitting up to 10 per cent reservation for Economically Weaker Sections.
Enables special provision for the advancement of EWS, including reservation in admission to educational institutions, aided or unaided, other than minority educational institutions.
Enables reservation for EWS in appointments to civil posts and services under the State.
On 7 November 2022 the Supreme Court upheld the constitutional validity of the 103rd Amendment by a 3:2 majority, delivered through four separate judgments.
Persons covered by SC, ST and non-creamy-layer OBC reservation are outside the EWS category by design - which was among the grounds on which the Amendment was challenged.
Because reservation in State services requires State action, EWS is not automatically in force everywhere - Chhattisgarh's enabling amendment Bill of 2022 remains unapproved.
Income alone is a poor test of economic status in India, because a large share of the population is self-employed or agricultural and reported income bears an uncertain relationship to actual command over resources. A family with substantial agricultural land or urban property may show low declared income while being far from economically weak. The EWS criteria therefore pair an income ceiling of Rs 8 lakh gross annual family income with asset-based disqualifications that operate irrespective of income - five acres or more of agricultural land, a flat of 1,000 square feet or more, or residential plots above specified sizes, with a lower threshold of 100 square yards inside notified municipalities than the 200 square yards outside, reflecting that urban land is worth more per unit area. The word 'family' matters as much as the numbers: eligibility is assessed at the family level rather than the individual's, precisely to prevent a household's assets being disaggregated to bring one member below the line. The design was contested for a different reason - that excluding SC, ST and OBC beneficiaries means the poorest among those groups cannot access the EWS quota, and the Supreme Court's 3:2 split in 2022 turned substantially on whether that exclusion violated the basic structure.
Simple Analogy: The income test asks what you earned this year; the asset test asks what you already own - and the second is harder to understate.
GS Paper 2 > Polity: Constitutional Amendments, Fundamental Rights; Social Justice: Reservation
General Awareness > Polity and Constitution
General Awareness > Polity and Current Affairs
General Awareness > Polity
EWS reservation and the 103rd Amendment have appeared repeatedly in UPSC Prelims and Mains and are staple SSC polity material.
Enacted 9 January 2019, inserting Articles 15(6) and 16(6) to enable up to 10 per cent EWS reservation.
Enables special provision including reservation for EWS in educational institutions other than minority institutions.
Enables EWS reservation in appointments to civil posts and services under the State.
The 2022 case in which the Supreme Court upheld the 103rd Amendment by a 3:2 majority on 7 November 2022.
Disqualification from EWS irrespective of income, based on agricultural land, flat size or residential plot area.