EWS Reservation: 103rd Constitutional Amendment
EWS reservation is the 10% quota for Economically Weaker Sections in jobs and education, introduced by the 103rd Constitutional Amendment, 2019.
At a glance
A 10% reservation for Economically Weaker Sections in educational institutions and public employment, introduced by the Constitution (103rd Amendment) Act, 2019.
Article 15(6) covers educational institutions; Article 16(6) covers public employment — both inserted by the 103rd Amendment.
It introduces economic status, rather than social and educational backwardness, as an independent basis for reservation in India.
EWS reservation is the 10% quota reserved for Economically Weaker Sections of society in educational institutions and public employment, introduced through the Constitution (One Hundred and Third Amendment) Act, 2019. Unlike the reservation available to Scheduled Castes, Scheduled Tribes and Other Backward Classes, this quota rests purely on economic status rather than social or educational backwardness, and it is available only to persons not already covered by any of the existing SC, ST or OBC reservation schemes.
The 103rd Amendment: Two New Constitutional Provisions
The 103rd Amendment inserted two new clauses into the Constitution:
- Article 15(6) permits the State to make special provisions for the advancement of economically weaker sections, including reservation in admission to educational institutions — government-run as well as private, aided or unaided — subject to a ceiling of 10%. This exception sits alongside Article 15(5), added earlier by the 93rd Amendment of 2005, which had allowed reservation for backward classes, SCs and STs in private unaided institutions.
- Article 16(6) allows the State to reserve up to 10% of appointments or posts in public employment for economically weaker sections, over and above the reservation already available under Article 16(4) and other existing provisions.
Both clauses establish that EWS reservation operates independently of, and in addition to, the reservation already extended to SCs, STs and OBCs.
Implementation in Educational Institutions
After the constitutional amendment was enacted, the central government issued an order in 2019 operationalising the 10% EWS reservation in admission to educational institutions. This benefit can be claimed only by persons who are not already covered by any existing SC, ST or OBC reservation scheme — in effect, EWS reservation targets the general-category population that meets the prescribed income criteria.
Implementation in Public Employment
A parallel government order issued in 2019 extended the same 10% reservation to civil posts and services under the Government of India, again limited to persons outside the existing SC/ST/OBC reservation net. Certain scientific and technical posts are exempted from this reservation where they satisfy specified conditions — for instance, posts in grades above the lowest grade of Group A services that are classified as scientific or technical in character.
Who Qualifies: The Income Criterion
Eligibility for EWS reservation is determined economically, not socially. A person is identified as belonging to an Economically Weaker Section where the family's gross annual income is below ₹8 lakh; persons with family income above this figure, or holding assets above the prescribed exemption limits, fall outside the EWS category.
This ₹8 lakh threshold coincides with the income ceiling used to define the "creamy layer" among OBCs, i.e., the income level above which OBC members are excluded from OBC reservation. That creamy-layer ceiling has itself been revised upward several times since it was first fixed:
| Year | Creamy-Layer Income Ceiling |
|---|---|
| 1993 | ₹1 lakh |
| 2004 | ₹2.5 lakh |
| 2008 | ₹4.5 lakh |
| 2013 | ₹6 lakh |
| 2017 | ₹8 lakh |
The fact that the current EWS income limit matches the latest OBC creamy-layer ceiling is a frequently drawn comparison in this area of the syllabus.
How EWS Reservation Differs from SC/ST/OBC Reservation
| Aspect | SC/ST/OBC Reservation | EWS Reservation |
|---|---|---|
| Constitutional basis | Articles 15(4), 15(5), 16(4) | Articles 15(6) and 16(6), inserted by the 103rd Amendment, 2019 |
| Basis of eligibility | Social and educational backwardness | Family income (economic criterion) |
| Ceiling | Varies by category | 10% |
| Overlap rule | — | Excludes persons already covered by SC/ST/OBC reservation |
UPSC Relevance
Prelims
- The Constitution (103rd Amendment) Act, 2019 inserted Article 15(6) and Article 16(6).
- EWS reservation is capped at 10% and applies to both educational institutions and public employment.
- The prescribed income threshold for EWS eligibility is ₹8 lakh gross annual family income.
- Certain scientific and technical Group A posts are exempt from EWS reservation.
Mains
- Examine how the 103rd Constitutional Amendment introduces economic status as a fresh basis for reservation, distinct from the social-backwardness rationale underlying Articles 15(4), 15(5) and 16(4).
- Discuss the significance of excluding SC/ST/OBC beneficiaries from EWS reservation for the wider architecture of reservation policy in India.
FAQ
Q1. What is EWS reservation? EWS reservation is a 10% quota for Economically Weaker Sections in educational institutions and public employment, introduced by the Constitution (103rd Amendment) Act, 2019.
Q2. Which constitutional articles provide for EWS reservation? Article 15(6) provides for EWS reservation in educational institutions, and Article 16(6) provides for it in public employment.
Q3. Who is eligible for EWS reservation? Persons whose family's gross annual income is below ₹8 lakh, and who are not already covered under any SC, ST or OBC reservation scheme.
Q4. Does EWS reservation apply to private educational institutions? Yes. Article 15(6) extends the reservation to private educational institutions, whether aided or unaided.
Q5. Are all public employment posts covered under EWS reservation? No. Certain scientific and technical posts in higher grades of Group A services that meet specified conditions are exempted from EWS reservation.
Quick Revision
- 103rd Amendment Act, 2019 inserted Articles 15(6) and 16(6).
- 10% reservation created for Economically Weaker Sections.
- Article 15(6) covers educational institutions; Article 16(6) covers public employment.
- EWS reservation is in addition to, not a substitute for, existing SC/ST/OBC reservation.
- Eligibility: family income below ₹8 lakh and no coverage under SC/ST/OBC reservation.
- Some scientific/technical Group A posts are exempted from EWS reservation.
Sources
- Constitution of India — official text, Legislative Department, Ministry of Law and Justice
- Constitutional Amendment Acts — Legislative Department, Government of India
Further Reference
For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:
- M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
- D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
- The Constitution of India — Bare Act — the official text.
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Constitutional provisions
Permits the State to reserve up to 10% of seats for Economically Weaker Sections in educational institutions, including private aided and unaided institutions.
Permits the State to reserve up to 10% of posts/appointments for Economically Weaker Sections in public employment, in addition to existing reservations.