Questionable criterion: On EWS quota income limit

News: Recently, the Supreme Court raised questions about the basis on which Centre fixed income limit and criteria for granting reservation to Economic Weaker Section (EWS).

What was the SC case all about?

In an ongoing case, the bench is considering the validity of the 27% quota for Other Backward Classes (OBC) and 10% for Economically Weaker Sections, introduced for admission to the All-India Quota (AIQ) of seats in medical admissions throughout the country.

The court wants to know whether there was any study done before the Centre prescribed the norms for identifying EWS beneficiaries based on indicators of economic disadvantage. The court has clarified that it is not examining any policy issue but wants to determine if constitutional requirements have been complied with.

What was the status of the OBC reservation for AIQ seats in medical admissions?

OBC reservation is applicable to admissions done separately by the Union and State governments in their respective medical institutions, but it was not implemented all these years for all-India quota seats. The introduction of the OBC quota in AIQ only brings the admission norms in line with prevailing policy.

This pool is formed by the surrender of 15% of undergraduate seats and 50% of PG seats by the States.

What was the issue that is still not handled?

The current proceeding will only decide the validity of OBC and EWS reservation in admissions under the AIQ.

The larger issue that still remains is whether reservation can be treated as a poverty alleviation measure or it should also include those not well-off but socially advanced communities too. Constitution Bench should need to address this question too.

Source: This post is based on the article ” Questionable criterion: On EWS quota income limit” published in The Hindu on  29th November 2021.