Question

The Amendment to the Constitution which introduced 10 % reservation to Economically Weaker Sections of the society.

• A. 103rd Constitutional Amendment Act
• B. 104th Constitutional Amendment Act
• C. 105th Constitutional Amendment Act
• D. 102nd Constitutional Amendment Act

Hint:

The 103rd Amendment created an exception to the 50% ceiling limit on reservations established in the Indra Sawhney case, which the Supreme Court ruled was acceptable for EWS.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
The question asks us to identify the specific constitutional amendment that introduced a 10% reservation for the Economically Weaker Sections (EWS) of society in education and public employment.

Step 2: Key Concepts and Approach:
We must identify the amendment that added new clauses to Articles 15 and 16 to enable economic-based reservation, bypassing the traditional caste-only reservation framework.

Step 3: Detailed Explanation:

• The 103rd Amendment Act, 2019: This amendment introduced a 10% quota for citizens belonging to the Economically Weaker Sections who are not covered under existing SC, ST, or OBC reservation schemes.

• Insertion of Article 15(6): This clause allows the state to make special provisions, including reservation in educational institutions, for the advancement of EWS.

• Insertion of Article 16(6): This clause allows the state to reserve up to 10% of public employment posts for EWS.

• Judicial Challenge: In Janhit Abhiyan v. Union of India (2022), a 5-judge bench of the Supreme Court upheld the constitutional validity of the 103rd Amendment by a 3:2 majority, ruling that reservation based solely on economic criteria does not violate the Basic Structure.

Step 4: Final Answer:
The 10% EWS reservation was introduced by the 103rd Constitutional Amendment Act. Thus, Option A is correct.