Rajya Sabha Q&A : Reservation for Economically Weaker Sections (EWS)

GOVERNMENT OF INDIA
MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT
RAJYA SABHA

STARRED QUESTION NO – 153
ANSWERED ON – 16/03/2022

RESERVATION LIMITS FOR EWS

153 #. SMT. CHHAYA VERMA
Will the Minister of SOCIAL JUSTICE AND EMPOWERMENT be pleased to state:-

(a) whether it is a fact that due to the EWS reservation to General category, the reservation has exceeded 50 per cent, causing a violation of rules;

(b) whether Government would propose to restrict reservation below 50 per cent;

(c) whether Government would propose to give reservation to Economically Weaker Sections of OBCs on the lines of 10 per cent reservation for EWS of General Category in addition to 27 per cent reservation; and

(d) whether giving 10 per cent reservation to the General Category by ignoring social and educational backwardness for reservation is constitutional?

ANSWER

MINISTER OF SOCIAL JUSTICE AND EMPOWERMENT
(DR. VIRENDRA KUMAR)

(a) & (b) Hon’ble Supreme Court in its judgment dated 16th November, 1992 in the Indra Sawhney case W.P. (C) No.930 of 1990, has decided that reservation under Articles 15(4) and 16(4) of the Constitution should not exceed 50%. The total reservation given to SC, ST and OBC under these Articles does not exceed 50%. The reservation given to the Economically Weaker Sections (EWS) has been provided by the Government under provisions of Articles 15(6) and 16(6), which were inserted vide the Constitution 103rd Amendment Act 2019. Thus the 10% reservation given to EWS, does not violate the 50% limit on reservations given under Articles 15(4) and 16(4).

(c) No Sir.

(d) Reservation to the Economically Weaker Section has been given by the Government as per provisions of Articles 15(6) and 16(6) of the Constitution. 27% reservation to the Socially and Economically Backward Classes is being given by the Government as per the provision of Articles 15(4) and 16(4) . Thus while giving 10% reservation to the EWS, the welfare of the Socially and Educationally Backward Classes has not been ignored by the Government.

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