EWS for all

In January of 2019, with a sudden move, that is by now characteristic of the Modi government’s policy making strategy, a 10 per cent reservation was announced. It was for everyone, who could prove they are poor. A reservation for all, the logic was difficult to digest. World over, affirmative action is taken on behalf of those who fight acute forms of marginalisation and distress. Here the government was giving reservation to everyone who was poor. The law does not allow for it. In the famous Indira Sawhney Vs Union of India judgement of 1992, the Supreme Court had ruled that reservations could not be granted solely on economic criteria. The same judgement had also imposed a  50% ceiling on reservations.

This EWS quota fell foul on both counts as most states had already reached close to the 50% limit with Tamil Nadu leading the pack at 69%. Hence the need for a Constitutional amendment that would make it legitimate to give reservations to all upper caste groups. Education and employment are subjects in the concurrent list; hence even though the central government passed the law, the states have the choice to ratify this quota. Presently Bihar, Chattisgarh, Delhi, Goa, Gujarat, Haryana, Punjab ,Himachal Pradesh, Jharkhand, Kerala, Madhya Pradesh, Rajasthan, Uttar Pradesh, Uttarakhand and West Bengal have adopted this quota. Rajasthan opted to adopt the Rs 8 lakhs income limit as the sole determinant and discard the order’s property restrictions. Maharashtra wants to extend the EWS benefits to Marathas only. Tamil Nadu Government already accords 69% reservation, covering OBCs, Most Backward Classes (MBCs), Backward Classes and other special categories of people. The Telangana Government has now announced its decision to introduce e 10% EWS quota in Government jobs and educational institutes.

The central government’s rationale for choosing Rs 8 lakhs as the income threshold has been that income is the sole identifier of economically disadvantaged groups. Of course, there is no clear explanation that has been given for why a Rs 8 lakh rupee cap. Given the income distribution in the country, almost 95 percent of the population falls under this cap, making this a futile reservation where everyone is eligible. To obtain an EWS certificate, beneficiaries must have a household income less than Rs 8 Lac annually. Land ownership also limits this quota again failing to note that more than 95% of landowners in the country are small and marginal farmers

The EWS reservations are over and above the existing 50% reservations meant for socially backward classes. These reservations are intended for those citizens not covered under any other reservation policy in the country, which means the upper caste, the privileged among the Backward caste and some minorities shall be included. The definition of the EWS has always been a contentious one. While the group generally refers to those below the poverty line, there are multiple definitions for EWS in India. States and UTs have established their independent standards while granting EWS status for different schemes. For instance, section 2(e) of the Right to Education Act, empowers the state to determine the income limit for EWS category eligible for reservations. Rajasthan has kept Rs 1 lakh as annual income limit for the EWS category; however, Andhra Pradesh has capped it at Rs 60,000. Moreover , the Sinho commission in 2010 , believed that economic status varies over time and affirmative action be extended out to only socially and educationally backward groups. The Rs 8 lakhs cap is bound to conflict with other schemes running for EWS in different states.

Read more : https://www.siasat.com/10-quota-for-the-ews-is-impulsive-unplanned-and-illogical-2078743/