103rd Amendment
Allowed up to 10% reservation for economically weaker sections.
Written by Pratidin; every fact checked by a separate review before publishing. How we work
Inserted Articles 15(6) and 16(6).
Quick recall
- Which clauses did the 103rd Amendment add?
- Articles 15(6) and 16(6).
- How much reservation does EWS get?
- Up to 10%.
- Which groups are excluded from EWS?
- SCs, STs and OBCs already covered by reservation.
- Which case upheld EWS reservation?
- Janhit Abhiyan (2022), by 3:2.
- What income limit is used for EWS?
- Family income below ₹8 lakh a year, with asset conditions.
- Does EWS count against the 50% ceiling?
- The Court held the ceiling applies to caste-based reservation, not EWS.
Asked before in UPSC
Recurring theme: Economic criteria in reservation and the reach of affirmative action
The EWS quota added an economic criterion to affirmative action, relevant to whether benefits reach underprivileged sections.
EWS reservation extends the idea of substantive equality to economic disadvantage, a point of contrast with the US approach.
The basics
Why it matters
The 103rd Amendment (2019) introduced up to 10% reservation for Economically Weaker Sections not covered by existing caste-based reservation, the first quota based on economic criteria alone.
How EWS differs
It is based on income, not caste.
- Economic criteria
- Excludes SC, ST and OBC
- Up to 10%
- Social and educational backwardness
- SC, ST, OBC
- Capped at 50% overall
You now know
- Added Articles 15(6) and 16(6) (2019).
- Up to 10% reservation for EWS in education and public jobs.
- Excludes SCs, STs and OBCs.
- Upheld 3:2 in Janhit Abhiyan v. Union of India (2022).
Go deeper
In one line: The 103rd Amendment made economic disadvantage alone a basis for reservation.
Why it matters for UPSC
It changed the logic of reservation and tested the 50% ceiling on reservation.
The core idea
Critics argue reservation is meant for social backwardness, not poverty; supporters say poor people from all communities deserve help. The Court upheld it, noting it applies to Economically Weaker Sections outside existing quotas.
Where to go next
- Economically Weaker Sections: Who qualifies for the EWS quota
- 50% ceiling on reservation: The Indra Sawhney limit
In one line: EWS shifted reservation debates from caste alone to economic status too.
Arguments for
Help for poor people excluded from caste-based quotas.
Arguments against
Exclusion of poor SC, ST and OBC persons from EWS, and breach of the 50% ceiling on reservation.
Issues
The high income threshold for Economically Weaker Sections covers a large share of families.
Where to go next
- Economically Weaker Sections: Who qualifies for the EWS quota
- 50% ceiling on reservation: The Indra Sawhney limit
Economically Weaker Sections
Who qualifies for the EWS quota
In one line: EWS covers people not in SC, ST or OBC reservation with family income below ₹8 lakh a year.
Asset limits
Exclusions based on agricultural land and house size.
Use
Central and many State jobs and institutions.
Where to go next
- 50% ceiling on reservation: The Indra Sawhney limit
50% ceiling on reservation
The Indra Sawhney limit
In one line: Indra Sawhney (1992) capped total reservation at 50%, save in extraordinary situations.
Tests
Maratha reservation was struck down in 2021 for breaching it.
EWS
The Court held the ceiling applies to caste-based reservation, not EWS.
Where to go next
- Economically Weaker Sections: Who qualifies for the EWS quota
50% ceiling on reservation: every story that connects to it (2)
Prelims-style quiz
EWS reservation was introduced by the:
- 104th Amendment
- 102nd Amendment
- 101st Amendment
- 103rd Amendment
Show answer
Answer: (d) 103rd Amendment. The 103rd Amendment, 2019.
Consider the following:
1. EWS reservation excludes SCs, STs and OBCs.
2. It was struck down by the Supreme Court.
Which of the statements given above is/are correct?- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: (a) 1 only. It was upheld in 2022.
The EWS judgment was decided by a majority of:
- 3:2
- 5:0
- 4:1
- 7:2
Show answer
Answer: (a) 3:2. 3:2.
The EWS income limit is:
- ₹8 lakh
- ₹2.5 lakh
- ₹5 lakh
- ₹10 lakh
Show answer
Answer: (a) ₹8 lakh. ₹8 lakh a year.