Constitution (103rd Amendment) Act, 2019

The Constitution (103rd Amendment) Act, 2019 introduced a dedicated reservation for economically weaker sections (EWS) of the general category, carving out a 10 percent quota in public‑sector employment and higher‑education admissions. By inserting Articles 15(6) and 16(6) into the Constitution, it marked the first instance of affirmative action based solely on economic criteria, expanding the traditional caste‑based reservation framework that had governed Indian social policy since the 1950s. ## Historical Background The demand for an EWS quota gained political traction in the late 2010s, driven by a coalition of middle‑class organisations and several state governments that argued the existing reservation system excluded a sizable segment of the population living below the poverty line. In February 2019, the Union Cabinet approved the draft of the Constitution (One Hundred and Third Amendment) Bill, and the Lok Sabha passed it on 9 December 2019 with a majority of 311 votes to 69. The Rajya Sabha followed suit on 10 December 2019, and President Ram Nath Kochar gave his assent on 31 December 2019, bringing the amendment into force on 31 January 2020. The amendment built on earlier constitutional provisions that allowed reservation for socially and educationally backward classes (Articles 15(4) and 16(4)). However, the 103rd Amendment was the first to explicitly target “economically weaker sections of citizens other than those covered under the categories of Scheduled Castes, Scheduled Tribes or Other Backward Classes,” thereby creating a parallel track of economic affirmative action. ## Key Provisions Article 15(6) empowers the State to make “special provisions for the advancement of any economically weaker sections of citizens” and mandates that such provisions shall not exceed 10 percent of the total seats in any educational institution, whether aided or unaided. Article 16(6) mirrors this ceiling for public employment, stating that reservations for EWS shall not exceed 10 percent of the total vacancies in any establishment, subject to the overall reservation ceiling of 50 percent established by the Supreme Court’s Indra Sawhney (1992) judgment. The amendment also defined the eligibility criteria for the EWS category: individuals whose annual family income is less than ₹8 lakh, whose assets (excluding agricultural land) are below ₹2 crore, and who do not belong to SC, ST, or OBC categories. These thresholds were codified in the Ministry of Social Justice and Empowerment’s “Economic Weaker Sections (EWS) Reservation Rules, 2020,” which came into effect on 1 April 2020. ## Mechanism of Reservation Implementation of the EWS quota follows the same procedural steps as existing reservations. In central government recruitment, the Department of Personnel and Training (DoPT) earmarks 10 percent of vacancies for EWS candidates, and the Union Public Service Commission (UPSC) incorporates the quota into its examination and interview processes. For higher education, the All‑India Quota for medical and engineering admissions reserves 10 percent of seats for EWS applicants, with state‑level bodies such as the State Boards of Technical Education replicating the model for state‑run institutions. The reservation is applied after the exclusion of SC, ST, and OBC candidates, ensuring that the total reservation does not breach the 50 percent ceiling. Beneficiaries must submit income certificates and asset declarations verified by designated authorities, and any grievance regarding denial of the quota is adjudicated by the Central Administrative Tribunal or the respective state tribunals. ## Implementation and Judicial Review The first tranche of EWS reservations in central services commenced on 1 April 2020, covering positions ranging from clerical staff to senior administrative roles. By the end of 2021, more than 1.2 million EWS candidates had secured appointments across ministries, railways, and public sector undertakings. Several states, including Karnataka, Madhya Pradesh, and Tamil Nadu, enacted parallel statutes, though implementation timelines vary due to local legislative processes. The amendment faced constitutional challenges on the grounds of violating the “basic structure” doctrine. In State of Maharashtra v. Union of India (2021), the Supreme Court upheld the 103rd Amendment, affirming that economic criteria constitute a permissible basis for reservation and do not erode the Constitution’s essential features. A subsequent petition in Bihar State Electricity Board v. Union of India (2022) reiterated this stance, emphasizing that the 10 percent ceiling respects the precedent set by the Indra Sawhney case. ## Significance and Impact By institutionalising economic reservation, the 103rd Amendment