EWS Quota

EWS Quota

News: A Constitution Bench led by the Chief Justice of India finalized three cardinal issues for examining whether the 103rd Constitutional Amendment violates the Basic Structure of the Constitution.

About:
• 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).

Three cardinal issues:
• Economic criteria - Whether the amendment breaches the Basic Structure by permitting the state to make special provisions, including reservation, based on economic criteria.
• Admissions - Whether it violates the Basic Structure by allowing the state to make special provisions in relation to admissions to private unaided institutions
• Excluding SC/ST/OBC - Whether the Basic Structure is trampled upon by the constitutional amendment by excluding SEBC/OBC/SC/ST communities from the scope of the EWS quota.

What is the Basic structure of the Constitution?
• The Kesavananda Bharati judgment (1973) introduced the Basic Structure doctrine which limited Parliament’s power to make drastic amendments that may affect the core values enshrined in the Constitution like secularism and federalism.

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