Is There Any Reservation for General Category? – 103rd Constitutional Amendment
103rd Constitutional Amendment Act, 2019
Background
The 103rd Amendment inserted Articles 15(6) and 16(6) into the Indian Constitution.
These provisions allow the State to make special provisions (reservations) for economically weaker sections (EWS) of citizens, including those from the General Category (i.e., those not covered under existing reservations like SC, ST, OBC).
Key Provisions
Article 15(6):
Empowers the State to make special provisions for the advancement of economically weaker sections of citizens, except for those already covered by existing reservation provisions (SC, ST, OBC).
Article 16(6):
Allows reservations in public employment for economically weaker sections among citizens who are not covered by existing reservations.
Does This Amount to Reservation for General Category?
Yes, the 103rd Amendment legally enables reservation for General Category economically weaker sections (EWS) in education and public employment.
Prior to this amendment, only socially and educationally backward classes (SC, ST, OBC) were entitled to reservations.
Now, economically backward individuals from the General Category (who do not fall under any existing reserved category) are eligible for a reservation quota of up to 10%.
Features of EWS Reservation
Quota Limit: Up to 10% of seats/jobs can be reserved.
Exclusion: Those covered under SC, ST, and OBC reservation schemes are not eligible for this EWS quota.
Criteria: Economic backwardness is typically determined by income and asset limits (e.g., annual income below a certain threshold).
Important Case Law:
1. Mandal Commission Case (Indra Sawhney v. Union of India, 1992)
Though predating the 103rd Amendment, this case held that reservation should be based on social and educational backwardness, not purely on economic criteria.
Economic criteria alone cannot be the basis for reservations.
However, this was before the 103rd Amendment introduced the special provision for EWS.
2. Janhit Abhiyan vs. Union of India (2022)
(Also called the “EWS Reservation Case”)
The Supreme Court upheld the constitutional validity of the 103rd Amendment.
The Court ruled that reservation based on economic criteria alone is constitutionally valid.
It dismissed the argument that reservation should only be for socially and educationally backward classes.
The Court held that the 10% EWS quota is within the constitutional framework.
Also clarified that the 50% ceiling on reservations established in earlier cases (like Indra Sawhney) is not absolute and can be exceeded in exceptional circumstances.
Summary
| Aspect | Details |
|---|---|
| Amendment | 103rd Constitutional Amendment, 2019 |
| Articles Inserted | Article 15(6) and Article 16(6) |
| Reservation for | Economically weaker sections of citizens, including General Category |
| Reservation Limit | Up to 10% |
| Exclusions | SC, ST, OBC (already covered under existing reservations) |
| Basis for Reservation | Economic criteria (income and asset limits) |
| Judicial Validation | Supreme Court upheld validity in Janhit Abhiyan case (2022) |
| Impact on 50% Ceiling | 10% EWS reservation can be in addition to existing quotas, exceeding 50% limit |
Conclusion
The 103rd Constitutional Amendment explicitly provides for reservation to the economically weaker sections of the General Category, enabling a 10% quota in education and public employment. This is a historic expansion of the reservation policy in India, shifting from exclusively social and educational backwardness to include economic backwardness as a ground for affirmative action.
The Supreme Court’s decision in 2022 has firmly upheld this amendment, establishing it as a constitutional and valid exception to the earlier principle limiting reservations to socially backward groups.
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