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The 10% EWS quota was introduced under the 103rd Constitution (Amendment) Act, 2019 by amendment to
- a)Articles 15 and 16
- b)Articles 14 and 15
- c)Articles 19 and 21
- d)Articles 15 and 21
- e)None of the above/ More than one of the above
Correct answer is option 'A'. Can you explain this answer?
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The 10% EWS quota was introduced under the 103rd Constitution (Amendm...
- A five-judge Constitution Bench led by the Chief Justice of India said it would give priority to hearing two batches of petitions separately challenging the 10% quota for the economically weaker sections (EWS) and an Andhra Pradesh law which grants reservation to Muslims.
- The Bench said it would start with the EWS case on September 13.
- The Supreme Court referred the EWS quota case to the Constitution Bench in August 2020.
Key Points
- The 10% EWS quota was introduced under the 103rd Constitution (Amendment) Act, 2019 by amending Articles 15 and 16.
- It inserted Article 15 (6) and Article 16 (6).
Amended provision:-
- Article 15 (6) - Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,
- any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and
- any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of 10% of the total seats in each category.
- Article 16 (6) - Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of 10% of the posts in each category.
- "Economically Weaker Sections" shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.
Right to Equality (Article 14, 15, 16, 17 and 18):
- Equality Before Law: Article 14 says that no person shall be denied treatment of equality before the law or the equal protection of the laws within the territory of India.
- The right is extended to all persons whether citizens or foreigners, statutory corporations, companies, registered societies or any other type of legal person.
- Exceptions: As per article 361, the President of India or Governor of states is not answerable to any court for the exercise of their powers/duties and no civil or criminal proceedings can occur or continue against them in any court during their term of office.
- As per article 361-A, no civil or court proceedings can occur for a person for publishing any substantially true report of either House of the Parliament or State Legislature.
- No member of Parliament (article 105) and State Legislature (article 194) shall be liable to any court proceedings in respect of anything said or any vote given by him in Parliament or any committee.
- The foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from criminal and civil proceedings.
Prohibition of Discrimination: Article 15 provides that no citizen shall be discriminated on grounds only of religion, race, caste, sex or place of birth.
- Exception: Certain provisions can be made for the women, children, and citizens from any socially or educationally backward class for their upliftment (such as reservation and access to free education).
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