Why this matters now
The 103rd Amendment is tested for the economic vs social basis of reservation, the breach of the 50% cap (Indra Sawhney 1992), and the SC’s 3:2 verdict upholding it in Janhit Abhiyan v. Union of India (2022).
Context: Sinho Commission to 2019
The demand for general-category economic reservation goes back to Sushil Modi’s Bihar move in the 1980s and the Narasimha Rao Government’s 1991 office memorandum (struck down in Indra Sawhney 1992 because it lacked constitutional backing). The Sinho Commission (2010) recommended economic-criteria reservation. PM Modi’s government enacted the 103rd Amendment in Jan 2019, just before the general election — passed in both Houses within 48 hours.
Key changes
- Article 15(6) added: Empowers State to make special provision for the advancement of any EWS of citizens other than SCs, STs and OBCs (i.e., from the general category); including reservation in private unaided educational institutions (excluding minority institutions under Article 30).
- Article 16(6) added: Empowers State to provide for up to 10% reservation in public employment for EWS of citizens.
- The reservation is over and above the existing 49.5% (SC 15% + ST 7.5% + OBC 27%), taking total reservation to 59.5% — breaching the Indra Sawhney 50% cap.
- Eligibility (DoPT notification, 2019): family income below Rs 8 lakh / year, agricultural land < 5 acres, residential flat < 1000 sq ft.
Janhit Abhiyan v. Union of India (2022)
In Janhit Abhiyan v. Union of India (7 Nov 2022), a 5-judge Constitution Bench (3:2) upheld the 103rd Amendment:
- Majority (Justices Maheshwari, Bela Trivedi, J.B. Pardiwala): Economic criteria is a valid basis for affirmative action; the 50% cap is not inflexible and may be breached for compelling reasons; excluding SC/ST/OBC from EWS is not unconstitutional.
- Dissent (CJI U.U. Lalit & Justice Ravindra Bhat): The exclusion of SC/ST/OBC from EWS benefits is discriminatory and violates the equality code.
UPSC angle
Know 103rd Amendment 2019 — 10% EWS reservation by adding Articles 15(6) & 16(6); eligibility income <Rs 8 lakh/yr + agri land <5 acres + flat <1000 sq ft; breached Indra Sawhney (1992) 50% cap by taking total reservation to 59.5%; UPHELD 3:2 by Constitution Bench in Janhit Abhiyan v. Union of India (7 Nov 2022); majority Maheshwari/Bela Trivedi/Pardiwala vs dissent CJI Lalit + Justice Ravindra Bhat.
Frequently asked questions
What is EWS?
Economically Weaker Section — citizens from the general (non-SC/ST/OBC) category whose family income is below Rs 8 lakh/year and meeting asset criteria.
What percentage of reservation does the 103rd Amendment provide?
10% in higher educational institutions and public-sector employment, over and above existing SC/ST/OBC reservation.
Does the 103rd Amendment violate the 50% cap?
It takes total reservation to 59.5%; in Janhit Abhiyan (2022) the SC held the 50% cap is not inflexible and the breach is constitutional.
Are SCs and STs eligible for EWS?
No — Articles 15(6) and 16(6) explicitly exclude SCs, STs and OBCs from EWS benefits (this was the dissent in Janhit Abhiyan).