case study on weaker section in india

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Weaker sections of society and the Constitution : a socio-legal analysis

This article is written by Manasvee Malviya , from the University of Petroleum and Energy Studies, Dehradun. This article talks about weaker sections of society and the role of the constitution in uplifting the weaker sections. 

Table of Contents

Introduction 

In a democratic world, political freedom is meaningless without socio-economic freedom. Socio-economic freedom means providing economic justice, active participation with the reserved share for the upliftment of socially and economically backward classes including religious minorities through the schemes by the governmental and non-governmental organizations. The Constitution of India provides that no person should be discriminated against, based on race, sex, caste, and religion. The Indian Constitution guarantees equal status and opportunity to all citizens.

At the time of drafting the constitution, the makers faced many challenges; first, India is a caste-ridden society, thus entire population divided into sections/ communities; second, the makers have to safeguard and protect different religions, cultures, and languages of different sections of society and third, removing discrimination (it is the major reason for social suffering by weaker sections). The framers of the Constitution envisaged the principle of equality. Also, focused upon the development and welfare of the citizens in general. So that, every individual is at the same pace, resulting in the development of the nation. Thus, many amendments have been passed since the constitution came into effect to uplift the weaker section of the society. This article will discuss the weaker sections of the society and how the constitutional provisions help in the upliftment of the weaker sections. 

The Indian society and weaker sections of the society 

India is a caste-ridden society, where the majority of the population faces social inequality at some of the other points. From the beginning, social and educational inequalities can be found in society. For example, brahmins are considered to be the higher caste because they are advanced economically, educationally, and socially.  Also, the zamindars were socially, economically, and educationally strong, the rest of the people working in the field or working for them were considered to be the weaker section/ backward class. 

As of now, India is working to fill the gaps between the powerful and the weaker sections of society. Through implementing different government and non-government schemes. 

What are weaker sections of society?

The term weaker section refers to a section of the population that is socially, economically, and politically behind the other sections of the population and has been experiencing various forms of inabilities as a result of their backwardness. The Government of India Act, 1935 defines “weaker sections” as class or classes of people who are suffering from educational and economic backwardness, as well as some aspects of social life, due to traditional customs of untouchability, tribal background, tribal way of life or other backwardness. Different resolutions of the Indian government have divided the weaker groups into three main categories:

• Scheduled castes
• Scheduled tribes 
• Other backward classes 

But this list is not exhaustive. Women, aged persons, disabled, sexual minorities are also deprived of the benefits and they are ill-treated. Thus, weaker sections that face discrimination include- women, scheduled castes(SC), scheduled tribes (ST), children, disabled, aged, poor migrants, sexual minorities, people suffering from HIV/AIDS, and other backward classes. The Constitution has provided provisions not only for SC/STs, backward classes but also for the other weaker sections of society.

Empowerment of weaker sections 

Empowerment of the weaker sections can be more effective and efficient by empowering the neighbourhood individuals to take active participation in uplifting the weaker sections at the grass-root level. Empowerment of weaker sections includes general strengthening that is the instructive, monetary, political, and social strengthening of the weaker sections. For empowerment of the weaker sections, there are constitutional and statutory provisions available. 

Constitutional provisions for the protection of weaker sections

Constitutional makers have provided different safeguards in the Constitution of India for the upliftment and protection of the weaker section of the society. They are as follows:

• Article 14 of the constitution provides for the equal protection of law and equality before the law. Therefore, irrespective of class every citizen has the right to be treated equally before the law.
• Article 15 prohibits discrimination based on disability, restriction, or the grounds of castes, religion, sex, or place of birth. Whereas nothing in this article will prevent the state to make special provisions and arrangements for the betterment of : 
• The children and women [Article 15(3)].
• Socially and economically backward classes/ scheduled castes / scheduled tribe [Article 15(4) & Article 15(5)].
• Article 16 provides equal opportunities to all citizens in matters of employment or appointment of any office under the state. States can make special provisions related to the reservation, appointment for the backward classes, and the state has the authority to decide whether the person falls in the definition of backward classes. This provision helps to strengthen the weaker section in monetary terms.
• Article 17 abolishes untouchability and it is a punishable offence under the Protection of the Civil Rights Act, 1955 .
• Article 19(5) provides that the state is allowed to restrict freedom of movement for the benefits of the Scheduled tribe.
• Article 21 provides that every person is entitled to the right to life and personal liberty except the procedure established by law. Irrespective of the castes, sex, religion, or place of birth everyone is entitled and they can’t be deprived of his life. 
• Article 21A provides that all children between the age of 6 to 14 years are entitled to free and compulsory education. 
• Article 24 prohibits the employment of children below the age of 14 years in factories, mines, or any other hazardous employment. This article prohibits: 
• Child labour
• Working in the construction industry 
• Hazardous employment 
• Article 25 provides that every person has freedom of conscience and they are entitled equally to profess, propagate and practise any religion. This freedom is subjected to public order, health and morality. Article 25(2)(b) provides that nothing in this article will prevent the state from making or it won’t affect any pre-existing law for providing social welfare and reform or tossing Hindu religious institutions of a public character to all classes.
• Article 29 protects the interest of minorities, any citizen residing in India having a distinct language or a culture. They have the right to conserve the culture/language/script of their own. Further, any citizen based on religion, race, or castes cannot be denied admission to any educational institution funded by the state. 
• Article 30 minorities either based on religion or language have the right to establish and administer educational institutions. 
• Article 38 states must ensure and promote the welfare of the people by promoting and securing as effectively as may be a social order and must act to minimize inequalities in terms of income, status, facilities, and opportunities available. 
• Article 39 provides the policy which is to be considered by the states. Like, men and women are equally entitled to adequate means of livelihood, equal pay for equal work for men and women, the health of the worker, no abuse against youth, children are provided with the opportunity to develop healthily to secure, and no citizen must be forced out of economic necessity to pursue something which unsuited for their age or quality.
• Article 39A states must provide free legal aid to the people who can’t afford it because of economically weaker sections  or due to some disabilities.
• Article 41 provides that the state has the power/capacity to make provisions within the economic limits to secure the right to education, the right to work, and the right to public assistance in certain cases. For this Article, certain cases include old age, disablement, sickness, or any other condition. The Supreme Court while interpreting this article in many cases held that the state must make effective provisions for securing the rights of the disabled and for the people suffering from other infirmities within the economic capacity of the state. 
• Article 42 provides that the state must make provisions to secure any other hazardous employment in the just and humane conditions of work and maternity relief. Protecting the employment of women during the maternity period.
• Article 46 under the Directive Principles of State Policy provides that the State must promote the educational and economic interests of the scheduled castes, scheduled tribes, and the weaker sections of the society with due care. Also, the state must protect the SC, ST & weaker sections from exploitation and social injustice. 
• Part XVI of the Constitution deals with special provisions relating to certain classes. This part provides political empowerment to the scheduled castes, scheduled tribes, and other classes. Article 330 and Article 332 reserve seats for scheduled castes and scheduled tribes in the house of people and legislative assemblies of the state respectively. National Commission for scheduled castes and scheduled tribes have been established under Article 338 and Article 338A respectively. 
• Article 340 provides that the president has the authority to investigate the condition of socially and economically backward classes through appointing a commission to investigate. 

Statutory provisions for the upliftment and development of the weaker section

Statutory provisions for the upliftment and betterment of the scheduled castes, scheduled tribe, and the backward classes are:

Scheduled Castes

Protection of civil rights act, 1955.

Because many untouchables began to feel deprived and lonely due to the practice of untouchability, the concept of equality in terms of untouchability was adopted under the Protection of Civil Rights. This Act exclusively covers the penalties that protect untouchables from discrimination. These provisions have contributed to reducing the gap between the upper and lower castes. It gives lower-caste persons the ability to exercise their rights and live a normal life alongside everyone else.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

The Act was established to protect the marginalized communities against discrimination and atrocities. The Act prevented SC/ST from social disabilities and aimed to give a life of dignity, self-esteem, and life without fear, violence, and suppression from dominant communities. 

National Commission of Scheduled Castes

The commission was established with the goal to protect Scheduled Castes and Anglo Indian communities from exploitation and promoting and protecting their social, educational, economic, and cultural interests. The National Commission for Scheduled Castes is governed by Article 338 of the Indian Constitution. The National Commission for Scheduled Tribes is dealt with in Article 338A .

Scheduled castes suffer extreme social and economic backwardness due to the practice of untouchability. The government has implemented schemes for social, educational, and economical empowerment of the scheduled tribes. For example, the Scheme of Upgradation of Merit of SC Students was established to upgrade the merit of SC students in class 9th to 12th by providing educational facilities.

Schedule tribes

The Act protects the marginalized section of society against discrimination and atrocities. The act mentions various patterns of behaviour inflicting offences that break the self-esteem of the SC/ST. It includes denial of economic, social, and democratic rights, discrimination, and exploitation. Also, the Act establishes special courts and special public prosecutors to deal with offences against SC/ST.

The National Commission of Scheduled Tribes 

The commission was established to safeguard the interest of scheduled tribes, promote socio-economic development and oversee various implementation of provisions in the interest of scheduled tribes under the constitution or any other law for time being in force. It is a  constitutional body inserted by the 89th Constitutional Amendment Act under Article 338A. 

The government is committed to the welfare and ensuring equal opportunities in education and employment for scheduled castes and scheduled tribes. Various schemes have been implemented particularly for the upliftment of scheduled tribes. For example, the National Overseas Scholarship for Scheduled Tribe Students , this scheme provides financial assistance on merit to ST students for pursuing higher studies in foreign universities. 

Other Backward Classes

The national commission for backward classes act, 1993.

The act lays down the remedy for protection and upliftment for the socially and educationally backward classes. The National Commission for Backward Classes was set up under the act. The commission is an outcome of Indra Sawhney & Ors v. Union of India (1992). The purpose of the commission is to bring social equality to society. 

The National Backward Classes Finance and Development Corporation

NBCFDC is a non-profit organization regulated by the Ministry of Social Justice and Empowerment . NBCFDC works for the welfare of backward classes and promotes economic and developmental activities for the benefits of backward classes. Also, provides financial assistance to eligible backward classes for self-employment ventures and skill development training.

The possible future of the weaker sections of the society 

It is the constitutional duty to protect the socially and economically weaker sections of society. The central and the state government are working endlessly for the development and upliftment of the weaker sections. In 2018, the 102nd Amendment Act gave constitutional status to the national commission for the backward classes; in 2019, the 103rd Amendment Act provided 10 % reservation for the economically to weaker sections of the society; and in 2020, the 104th Amendment Act extended the reservation of seat for scheduled castes and scheduled tribes in Lok Sabha and state assemblies. Regardless of the preferential treatment given to the socially, educationally, and economically backward classes, a large part of India continues to remain backward.

Preferential treatment must be continued to raise the weaker sections from the backwardness. The constitution has provided many provisions regarding the upliftment of the weaker sections, and they have been utilizing the opportunities provided to the fullest. The weaker sections are combating all the educational and economic barriers faced by them but few are still suffering and the Covid pandemic has worsened the situation. Not only for the economically weaker section but also the general public. The nationwide lockdown imposed by the government has impacted the right to livelihood- to earn the basic necessity of life enshrined under Article 21. These restrictions have especially impacted the weaker sections to earn necessities of life. Therefore, it is the constitutional duty of the state to protect the weaker sections of society. 

Conclusion 

Over the past years, the government has effectively worked to protect, promote and uplift the weaker sections of the society and measures have been taken to fill the gap between the weaker populations and the remaining population. The empowerment of weaker sections of society has become an important point of discussion for politicians, policymakers, socialists, etc. Strengthening of the weaker sections involves social, educational, economic, and political strengthening. The state must be exceptionally careful while implementing the provisions related to instructive and monetary upliftment of the weaker population.   

• http://data.conferenceworld.in/ICSSR/97.pdf
• https://ddceutkal.ac.in/Syllabus/MSW/Paper-8.pdf
• https://core.ac.uk/download/pdf/144509506.pdf
• https://shodhganga.inflibnet.ac.in/handle/10603/237787

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Home > Cases > EWS Reservation

EWS Reservation

Janhit Abhiyan v Union of India

In a 3-2 majority, the Supreme Court upheld the 103rd Constitutional Amendment providing EWS reservation. With this, the Court extended the net of reservation benefits to include solely economic backwardness.

U.U. Lalit CJI

Dinesh Maheshwari J

S.R. Bhat J

B.M. Trivedi J

J.B. Pardiwala J

Petitioner: Janhit Abhiyan Akhil Bhartiya Kushwaha Mahasabha; Youth for Equality; SC/ST Agricultural Research and Education Employees Welfare Association; Peoples Party of India(Democratic)

Lawyers: Rajeev Dhawan; Gopal Sankaranarayanan; MN Rao; Meenakshi Arora

Respondent : Union of India; Ministry of Social Justice & Empowerment; The State of Maharashtra; Ministry of Personnel, Public Grievances and Pensions

Lawyers: Attorney General KK Venugopal; Solicitor General Tushar Mehta

Case Details

Case Number: WP (C) 55/2019

Next Hearing:

Last Updated: May 26, 2023

TAGS: 103rd Constitutional Amendment , 50% Limit , EWS , Reservation

Can reservations be granted solely on the basis of economic criteria?

Can Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Socially and Economically Backward Classes be excluded from the scope of EWS Reservations?

Can EWS Reservations breach the 50% ceiling for reservations established by the Supreme Court in  Indra Sawhney  (1992)

Can States provide reservations in private educational institutions which do not receive government aid?

Case Description

On January 9th  2019, the Parliament of India enacted the Constitution (One Hundred and Third Amendment) Act, 2019  which enabled the State to make reservations in higher education and matters of public employment on the basis of economic criteria alone. The Act amended  Articles 15  and  16 of the Constitution by inserting 15(6) and 16(6). It received presidential assent on January 12th  2019 and was published in the Gazette on the same day.

The Amendment under Article 15(6) enables the State to make special provisions for the advancement of any economically weaker section of citizens, including reservations in educational institutions. It states that such reservations can be made in any educational institution, including both aided and unaided private institutions, except minority educational institutions covered under  Article 30(1) . It further states that the upper limit of EWS reservations will be 10% (meaning up to 10% of seats can be reserved for citizens falling in the EWS category). This 10% ceiling is independent of ceilings on existing reservations.

Article 16(6) enables the State to make provisions for reservation in appointments. Again, these provisions will be subject to a 10% ceiling, in addition to the existing reservations.

More than 20 petitions have been filed challenging the constitutional validity of the 103rd Amendment. They argue that the Amendment violates the basic features of the Constitution and violates the fundamental right to equality under  Article 14 . In particular, they make the following  arguments:

• Reservations cannot be based solely on economic criteria, given the Supreme Court’s judgment in  Indra Sawhney v. Union of India  (1992).
• SCs/STs and OBCs cannot be excluded from economic reservations, as this would violate the fundamental right to equality.
• The Amendment introduces reservations that exceed the 50% ceiling-limit on reservations, established by  Indra Sawhney.
• Imposing reservations on educational institutions that do  not  receive State aid violates the fundamental right to equality.

At present, 49.5% of seats in education and public appointments are reserved, with 15%, 7.5% and 27% quotas for Scheduled Castes, Scheduled Tribes and Other Backward Classes respectively.

After five days of hearings in 2019, the Court had reserved its order on the issue of referring the case to a Constitution Bench. On August 5th 2020, the Court decided  to refer this case to a five-judge bench.

On August 30th, 2022, the Supreme Court  listed  the matter to be heard, along with  four other Constitution Bench matters , from the first week of September. A 5-Judge Constitution Bench led by CJI  U.U. Lalit stated its intention to hear this case along with the challenge to Andhra Pradesh’s 2005 Act providing reservations for Muslims in the State.

However, on September 6th, the Bench stated that they would decide when to hear the EWS reservation case first. On September 8th the Bench accepted the issues framed by Attorney General K.K. Venugopal. They will decide:

• If reservations can be granted solely on the basis of economic criteria?
• If States can provide reservations in private educational institutions which do not receive government aid, as provided in the Amendment?
• If EWS reservations are invalid for excluding Scheduled Castes, Scheduled Tribes, Other Backward Classes, and Socially and Economically Backward Classes from its scope?

On September 27th, 2022, the Bench finished hearing arguments from all the parties and reserved Judgment in the case. In a 3:2 split, the Bench delivered the Judgment on November 7th, 2022 and declared that the Amendment and EWS Reservations were constitutionally valid. Justices Maheshwari, Trivedi and Pardiwala wrote separate concurring opinions for the majority and Justice Bhat wrote a dissent on behalf of himself and Chief Justice U.U. Lalit.

On December 6th, 2022, the Society for the Rights of Backward Communities filed a petition seeking a review of the Judgment allowing EWS reservations. On May 9th, 2023, CJI D.Y. Chandrachud led a 5-Judge Constitution Bench and dismissed the petition stating there were no grounds to review the Judgement.

Documents (13)

EWS Reservations: Dinesh Maheshwari J's Majority Opinion

November 7, 2022

EWS Reservations: Bela M. Trivedi J's Majority Opinion

EWS Reservations: J.B. Pardiwala's Majority Opinion

EWS Reservations: Ravindra Bhat J's Dissenting Opinion for himself and CJI U.U. Lalit

EWS Reservations: Supreme Court Judgment

Compilation of Written Submissions Filed by All Parties

September 6, 2022

EWS: Order Referring the Case to a Five-judge Bench

August 5, 2020

Writ Petition: by Dr. Thol. Thirumavalavan

January 28, 2019

EWS: Writ Petition By Youth for Equality

January 10, 2019

EWS: The Constitution (103rd Amendment) Act, 2019

January 12, 2019

EWS: Writ Petition by Adv. Reepak Kansal

January 21, 2019

EWS: Counter Affidavit Filed by the Union of India

March 12, 2019

Review Against The Judgment By Dr Jaya Thakur

Reports (22)

EWS Reservations: Judgment Matrix

EWS Reservation Judgment: SC Upholds 103rd Amendment in 3-2 Majority

EWS Reservations: Pre-Judgment Matrix

October 28, 2022

EWS Reservations: Argument Matrix

October 10, 2022

EWS Reservation Day #8: Responses to Governments Arguments on Last Day of Hearing

September 27, 2022

EWS Reservations Day #7: SG Tushar Mehta Argues Amendment Does Not Violate Equality

September 22, 2022

EWS Reservations Day #6: AG Venugopal Argues EWS Reservations are Independant

September 21, 2022

EWS Reservations Day #5: Sr. Adv. Shankaranarayanan Argues Amendment Makes Reservations Permanent

September 20, 2022

EWS Reservations Day #4: Reservations on Economic Criteria Violates Basic Structure of the Constitution

September 15, 2022

EWS Reservations Day #3: (Sr. Advs. P. Wilson and Salman Khurshid): Mr. Khurshid Suggests Alternatives to Reservation

September 14, 2022

EWS Reservations Day #3: (Sr. Adv. Ravi Varma Kumar): 103rd Amendment Violates the Right to Equality

EWS Reservation Day #2: Petitioners Argue that EWS Reservations are a ‘Constitutional Fraud’

September 13, 2022

EWS Reservations Day #1: Bench Accepts Issues Framed for Hearing by AG Venugopal

September 8, 2022

Referral Order in Plain English

August 6, 2020

Union Counter Affidavit Summary

August 1, 2019

Writ Petition Summary

Day 5 Arguments

July 31, 2019

Day 4 Arguments

July 30, 2019

Writ Petition & Counter Affidavit Summary

June 20, 2019

Day 3 Arguments

April 8, 2019

Day 2 Arguments

March 28, 2019

Day 1 Arguments

• Readers’ Blog

Supreme Court’s judgement in EWS Case & the Continuing Debate on Affirmative Action (Part 1)

On 7th November 2022, the Supreme Court in a 3:2 majority judgement upheld the 103rd Constitutional Amendment Act which provides for reservation to economically weaker sections (EWS). There are intense debates going on in public platforms on the verdict with sharp views on all aspects. In this essay I share my views on the Supreme Court’s judgement.

The 103rd Amendment

The 103rd Amendment to the Constitution reads as follows:

“ In article 15 of the Constitution, after clause (5), the following clause shall be inserted, namely:—

‘(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,—

(a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and

(b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.

Explanation.— For the purposes of this article and article 16, “economically weaker sections” shall be such as may be notified by the State from time to timeon the basis of family income and other indicators of economic disadvantage.

In article 16 of the Constitution, after clause (5), the following clause shall be inserted, namely:—

“(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent of the posts in each category.” .”

The Amendment to Article 15 enables the State to make special provisions for the advancement of any economically weaker section, including reservations in educational institutions and that the upper limit of EWS reservations will be 10% (meaning up to 10% of seats can be reserved for citizens falling in the EWS category). This will be independent of ceilings on existing reservations.

The Amendment to Article 16 enables the State to make provisions for reservation in appointments upto 10% ceiling, in addition to the existing reservations.

The Challenge

The argument of the Petitioners before the Supreme Court and those against the Amendment can be broadly summarised into 3 points:

1.   Reservations cannot be based solely on economic criteria as per the Supreme Court’s judgment in Indra Sawhney case.

2.   SCs/STs and OBCs cannot be excluded from economic reservations, as it would be in violation right to equality (which is a fundamental right).

3.   The Amendment introduces reservations that exceed the 50% ceiling-limit on reservations.

Questions before the Constitution Bench

Based on hearing the arguments made by the Petitioners and the Government, the Supreme Court framed 3 questions which would be decided by the five Judge Constitution Bench:

1.   Whether reservations can be granted solely on the basis of economic criteria?

2.   Whether States can provide reservations in private educational institutions which do not receive government aid, as provided in the Amendment?

3.   Whether the basic structure is violated by excluding the SEBCs (Socially and Educationally Backward Classes), OBCs, SCs & STs from the scope of EWS reservation?

The Judgement

After detailed hearings, the Supreme Court (in 3:2 split verdict) has answered the 3 questions mentioned above in the following manner:

Question 1: All the judges on the bench agreed that reservation can be granted solely on the basis of economic criteria.

Question 2: All the judges on the bench agreed that States can provide reservations in private educational institutions which do not receive government aid, as provided in the Amendment.

Question 3: Three judges ruled that the basic structure is not violated by excluding the SEBCs (Socially and Educationally Backward Classes), OBCs, SCs & STs from the scope of EWS reservation and two judges ruled that the basic structure is violated and struck down the Constitutional Amendment.

Therefore, the Supreme Court upheld the Constitution (103rd Amendment) Act by a majority of 3:2.

An Opinion on the Judgement

I have recorded my views on the judgement in two parts. The first part deals with providing reservation solely on the basis of economic criteria and the second part deals with whether EWS quota violates basic structure of the Constitution and Indra Sawhney judgment.

• Reservation based on Economic Criteria & Exclusion

When the Constitution was framed, it was decided to pursue the upliftment of the classes that were historically oppressed through affirmative action. Since the Mandal Commission era (since when OBCs are provided with reservation), several committees deputed by the Government have said that socio-economic parameters must be used to determine the backwardness of a caste to see whether they must receive the benefits of reservation or not. And moreover, how can one say economic criteria should not be used to determine reservation while they support the creamy layer principle (which is based on economic criteria)?

While we recognise that there are still cases of oppression of certain castes and tribes, we must also recognise that the effect of historical oppression has decreased to a large extent. It is also important to understand that State is bound to promote social equality and pursue welfare of weaker sections of society under Article 46 of the Constitution. This makes the Constitutional Amendment necessary in order to ensure fair and equal opportunity for a large number of citizens who are excluded from higher educational institutions and are not covered under existing reservation schemes.

It is also not right to quote the Indra Sawhney case to argue that reservation cannot be provided solely on economic criteria. The scope of that case is restricted to Article 15(4) and Article 16(5) which deal with socially and educationally backward classes, Scheduled Caste and Scheduled Tribes, which form a completely different category. The Supreme Court itself has stated in the Indra Sawhney judgement that it is not dealing with economically weaker section citizens getting reservation. The relevant quote from that judgement is as follows: “ However, the provisions of Article 46 should not be confused with those of Article 16(4) and hence the expression “weaker sections of the people” in Article 46 should not be mixed up with the expression “backward class of citizens” under Article 16(4). The purpose of Article 16(4) is limited . It is to give adequate representation in the services of the State to that class which has no such representation. Hence, Article 16(4) carves out a particular class of people and not individuals from the “weaker sections”, and the class it carves out is the one which does not have adequate representation in the services under the State. The concept of “weaker sections” in Article 46 has no such limitation. In the first instance, the individuals belonging to the weaker sections may not form a class and they may be weaker as individuals only. Secondly, their weakness may not be the result of past social and educational backwardness or discrimination. Thirdly, even if they belong to an identifiable class but that class is represented in the services of the State adequately, as individuals forming weaker section, they may be entitled to the benefits of the measures taken under Article 46, but not to the reservations under Article 16(4). Thus, not only the concept of “weaker sections” under Article 46 is different from that of the “backward class” of citizens in Article 16(4), but the purpose of the two is also different. One is for the limited purpose of the reservation and hence suffers from limitations, while the other is for all purposes under Article 46, which purposes are other than reservation under Article 16(4). While those entitled to benefits under Article 16(4) may also be entitled to avail of the measures taken under Article 46, the converse is not true. If this is borne in mind, the reasons why mere poverty or economic consideration cannot be a criterion for identifying backward classes of citizens under Article 16(4) would be more clear . To the consideration of that aspect we may now turn. ”

To further strengthen my, I now quote another judgement of the Supreme Court in the Society for Unaided Private Schools of Rajasthan v. Union of India, (2012) in which the validity of validity of the Right of Children to Free and Compulsory Education Act, 2009: a flagship legislation of the UPA Government enacted to give effect to Article 21-A of the Constitution was challenged. In this case, a 3 judge bench of the Supreme Court held that the Act is in consonance with Article 21 of the Constitution as it removes all barriers including financial and psychological barriers which a child belonging to the weaker section and disadvantaged group has to face while seeking admission. It further held that earmarking of seats for children belonging to a specified category who face financial barrier in the matter of accessing education satisfies the test of classification in Article 14 and that that the provisions provided for a level playing field in the matter of right to education to children who are prevented from accessing education because they do not have the means or their parents do not have the means to pay for their fees. Therefore, the provisions were upheld on the test of Article 14 of the Constitution as well.

With this being the settled Law, challenge to the 103rd Amendment (EWS) does not stand if the premise is that reservation is provided solely on economic criteria and that EWS excludes SC, ST and OBC.

In the next part, I will share my opinion on whether EWS quota violates basic structure of the Constitution and Indra Sawhney judgment.

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@ Voice of Dissent

I am a keen political observer. I am also associated with the Indian National Congress.

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Tolerance and Compassion Towards Weaker Sections

Last updated on April 8, 2024 by ClearIAS Team

Though India has uplifted 250 million from poverty, the level of deprivation in the nation is still large.

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What do you understand by Compassion and Tolerance?

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Compassion as a virtue refers to the active feeling to uplift others from pain and suffering. The essential quality of being compassionate is to take steps to elevate suffering and bring joy. The virtue of compassion in a country like ours is must-have for all Civil servants.

A compassionate person goes above and beyond basic empathy by desiring to lessen the suffering of the other person. This places a focus on action and a desire to assist.

Strength wise: sympathy << empathy << compassion.

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Thus, compassion is an even more appropriate predictor of behavior. Mother Teresa’s decision to leave her native country and serve selflessly in Kolkata was motivated by compassion.

Tolerance is the ability to appreciate, tolerate, and value others who have different beliefs than oneself, regardless of their race, religion, ethnicity, or other characteristics.

It equips one with the ability to put up with or accept the existence of ideas or behaviors they disagree with. When one prioritizes important objectives over minor differences, this is achievable.

In this age of globalization, where individuals from different racial, ethnic, and religious backgrounds coexist and the world has become more multicultural and diverse, it is crucial to promote mutual love and affection as well as tolerance and harmony. Societies cannot sustain their long-term peace and commitment to one another without tolerance and harmony.

Examples to better understand the concept of tolerance:

• Accepting People’s Traditions And Religions
• Accepting LGBTQI+ People
• Integrated Schools
• The practice of Free Speech
• Accepting People’s Right to Live in the Way They Want
• Accepting People’s Political Stances
• Accepting People’s Behaviors
• Inclusion Of Sub-Cultural Groups

Also read: General Studies 4 Paper Syllabus – Civil Services Mains Exam UPSC

Need For Tolerance and Compassion for The Weaker Sections

As per an estimate made by the government, there are approx 269.3 million people living below the poverty line in our country.

The rural Socio-Economic Caste Census found that 107.4 million of the 179.7 million rural households (or 59.76% of them) were deprived, based on the criteria defined by the Saxena committee.

As per the NITI Aayog’s National Multidimensional Poverty Index (MDPI), a quarter of the Indian population (approx 322.5 million of the projected population in 2016) was “multidimensionally” poor in 2015-16.

Moreover, Discrimination happens in social institutions like the family as well as public institutions like the legal system, educational institutions, and healthcare professionals.  As a result, weaker sections are deprived of their basic human necessities, which is one of the fundamental characteristics of poverty.

Weaker sections also face social exclusions. Social exclusion involves discrimination of certain groups of people on the basis of their ethnicity, race, religion, sexual orientation, caste, descent, gender, age, disability, HIV status, migrant status, or where they live.

Also read: Tolerance

Example of Tolerance and Compassion towards Weaker Section

R. Sankaran (1934–2010) was an Indian civil servant, social worker, and the Chief Secretary of the State of Tripura, known for his contributions to the enforcement of the Abolition of Bonded Labour Act of 1976 which abolished bonded labor in India.- Known as ‘ The Peoples IAS Officer’.

A government employee from Kozhikode, popularly known as “Collector Bro,” founded “Compassionate Kozhikode” and “Compassionate Keralam,” gaining the support and voluntary help of the people in the process. These organizations have been successful in cleaning ponds, feeding the needy, helping and improving lives after the recent floods, and engaging the young in the improvement of society.

Mother Theresa has often been referred to as an embodiment of tolerance and compassion. Her selfless work for the poor and weaker section to date is inspiring and spoken of.

An IAS officer posted in the Umaria district of Madhya Pradesh removed the air conditioning from his office to shield about 100 malnourished children from the scorching heat

Components of Tolerance and Compassion

Tolerant and Compassionate persons show several behaviors:

Tolerance and Compassion: In Latin, the word “compassion” actually means “co-suffering.” It also fuels a desire to lessen other people’s pain. According to the Dalai Lama, “compassion is a necessity, not a luxury, and without it, humanity cannot survive”. It is usually considered to have an emotional component. Despite the fact that compassion and empathy are two distinct emotions, compassion for another person frequently results in feelings of empathy for that person.

No Practice of Discrimination: The public service depends on impartiality in personnel decisions for its impartiality, fairness, efficiency, and effectiveness. This means that Public servants must avoid discrimination on the basis of gender, caste, race, linguistic or cultural background, or disability in personnel decisions.

Accountability: The government employee is responsible for maintaining the law and following its rules and regulations. The public servant is responsible for ensuring that the government’s programs, policies, and projects are carried out efficiently, impartially, and professionally. Finally, it is the responsibility of public servants to keep accurate records of the reasons for the decisions they make and carry out.

No Biasness and Procedural Fairness: Procedure fairness refers to the requirement that public servants make choices that are rational, fair, just, and transparent. This implies that the motivations behind the choices must be disclosed. Additionally, it means that judgments must be made based on the data at hand, without bias or the impression of bias, and with the opportunity for anybody who will be negatively impacted by the decision to express their opinions.

Honest Practices: Public officeholders have a responsibility to disclose any private interests that may conflict with their official responsibilities and to take action to address any such conflicts in a way that safeguards the public interest.

Efficiency and Effectiveness: Resources used by public employees are funded by the community. The public expects government servants to use these resources as efficiently as possible. This requires public employees to work effectively and efficiently, refrain from misusing or wasting resources in an inappropriate way, and uphold the highest standards of performance.

Accountability: Holders of public office are answerable to the public for their choices and deeds and are required to put up with whatever scrutiny is suitable for their office.

How can this be fostered?

One can inculcate tolerance and compassion for the weaker section by:

• The teaching of Buddhism’s four noble truths can help.
• When practicing loving-kindness meditation, you must focus on positive thoughts.
• Visit an elderly home or a slum.
• IAS probationers are sent to “Bharat Darshan” with the same purpose to appreciate India’s diversity and develop compassion towards others.

His Holiness, The Dalai Lama in his teachings said, “If you want others to be happy, practice compassion. If you want to be happy, practice compassion.” Rightly so, compassion almost always leads to an affirmative result and is of paramount importance to each and every one.

Article Written By: Priti Raj

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The new Economically Weaker Sections (EWS) Quota: The changing idea of affirmative action

Author : Ambar Kumar Ghosh

Expert Speak India Matters

Published on nov 23, 2022.

The recent Supreme Court ruling on the EWS quota is expected to shape the procedural as well as aspirational dynamics of the discourse of affirmative action in India

The Amendment incorporated changes in Articles 15 and 16 of the Constitution that includes the right to equality and created the legal basis for reservations.

Individual identity and affirmative action

The rationale of the annual income cut-off of INR 8 Lakhs, which is much higher than the national-level annual per capita income, would end up including a large section of the population.

Reservation as conduit of welfare

The reservation policy that was hitherto only perceived as an instrument for inclusive representation and enabler of equal opportunity for historically-marginalised castes, has now also become a supposedly emancipatory tool to battle economic inequalities that are tied to individuals rather than a group.

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The views expressed above belong to the author(s). ORF research and analyses now available on Telegram! Click here to access our curated content — blogs, longforms and interviews.

Ambar Kumar Ghosh

Ambar Kumar Ghosh is an Associate Fellow under the Political Reforms and Governance Initiative at ORF Kolkata. His primary areas of research interest include studying ...

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Affirmative Action for Economically Weaker Sections and Upper-Castes in Indian Constitutional Law

DOI link for Affirmative Action for Economically Weaker Sections and Upper-Castes in Indian Constitutional Law

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This book examines the controversial 103rd Constitutional Amendment to the Indian Constitution that introduced an income and asset ownership-based new constitutional standard for determining backwardness marking a significant shift in the government’s social and public policy. It also analyses state level policies towards backwardness recognition of upper-caste dominant groups through case studies of Maharashtra, Haryana, and Gujarat. It provides an analytical and descriptive account of the proliferation of reservation policy in India and critiques these interventions to assess their implication on constitutional jurisprudence. Further, it assesses the theoretical and empirical challenges such developments pose to the principle of substantive equality and scope of affirmative action policies in Indian constitutional law and general discrimination law theory. The monograph shows how opening up of reservations for dominant upper-caste groups and general category will have implications for the constitutional commitment to addressing deeply entrenched marginalisation emanating from the traditional social hierarchy and the understanding of substantive equality in Indian Constitutional law. Further, it highlights key contradictions, incoherence, and internal tension in the design of the reservations for Economically Weaker Sections

Critical, comprehensive, and cogently argued, this book will contribute and shape ongoing constitutional policy and judicial debates. It will be of great interest to scholars and researchers of law, Indian politics, affirmative action, social policy, and public policy.

TABLE OF CONTENTS

Chapter 1 | 12  pages, introduction, part i | 120  pages, reservations for ews and upper-castes in india, chapter 2 | 29  pages, the legal history of reservation for scs/sts and obcs, chapter 3 | 33  pages, reservation for ews and upper-castes in india: the legislative and executive developments, chapter 4 | 23  pages, the political context and creamy layer, chapter 5 | 33  pages, the judicial treatment, part ii | 62  pages, the post-2019 regime, state interventions, and discrimination law theory, chapter 6 | 20  pages, substantive equality and affirmative action, chapter 7 | 18  pages, demarcating protected groups, chapter 8 | 13  pages, socio-economic disadvantages in discrimination law, chapter 9 | 7  pages.

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Why 10% quota for ‘economically weak’ in India has caused uproar

Controversial 10 percent quota in jobs and education for so-called ‘Economically Weaker Sections’ category of people angers politicians and caste activists.

Politicians and activists in India have raised concerns over the country’s Supreme Court upholding a controversial government decision to implement a 10 percent quota in jobs and education for the so-called Economically Weaker Sections (EWS) of society.

A 2019 constitutional amendment to reserve 10 percent of seats for the EWS category in education and public employment was upheld by three of five Supreme Court judges on Monday – the first time India has moved away from affirmative action based on caste or tribe .

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Activists say the new quota will only serve the interests of historically privileged castes, calling it a “violation” of the constitution’s fundamental safeguards provided to its most marginalised people .

In a ruling released upholding the decision, the three Supreme Court judges said there was reasonable justification for treating economically weaker sections of society as a separate class.

But one of the two dissenting judges, Justice S Ravindra Bhat, said the top court has “sanctioned an exclusionary and discriminatory principle” by upholding the decision.

“Our constitution does not speak the language of exclusion. In my considered opinion, the amendment is the language of exclusion and violates the principle of justice, and thereby the basic structure,” he said.

What is the EWS quota?

India’s economically weaker sections (EWS) are defined as households from privileged caste groups with an annual family income of less than $10,000 (800,000 rupees) a year, or who own less than two hectares (five acres) of agricultural land.

EWS is a misnomer; it's reservation for forward castes. The eligibility cut-off of annual income of 8 lakhs i.e. Rs. about 67,000/- a month, makes a mockery of the immense poverty of oppressed communities caused by the historical injustice of caste. — Clifton D' Rozario (@clifroz) November 8, 2022

In 2019, the ruling right-wing Bharatiya Janata Party (BJP) government introduced the 103rd amendment to the constitution to facilitate educational and employment quotas for people in the EWS category.

The government justified the move by arguing that the move would benefit people who cannot benefit from reservations already granted to the country’s Scheduled Castes (SC), Scheduled Tribes (ST) and what it calls “Other Backward Classes (OBC)”.

The Supreme Court’s upholding of the amendment also increased a 50 percent cap on quotas imposed by the same court in 1992, to 60 percent.

“The constitution says you cannot go beyond 50 percent reservation. The EWS people have not suffered structural inequality which is based on caste. Reservation was basically for those who have suffered historic social discrimination because of their identity,” Manjula Pradeep, a member of the Dalit Human Rights Defenders Network, told Al Jazeera.

Communities across South Asia are traditionally grouped among various castes which are determined by birth. The less-privileged caste groups have long been the victims of social and economic discrimination . Dalits, who fall at the bottom of the caste system, have faced “untouchability” despite the practice being banned by India’s parliament in 1950.

EWS has led to some unusual political positions: Owaisi and the Indian Union Muslim League only parties to oppose it in Lok Sabha, citing threat to caste-based reservations (which incidentally excludes Dalit Muslims). But the BSP has supported the upper caste quota. — Shoaib Daniyal (@ShoaibDaniyal) November 9, 2022

Pradeep said India’s dominant caste groups have long been opposed to reservations in education and jobs granted to Dalits, the people formerly known as “untouchables”, and other marginalised groups.

“It is the OBC who have suffered the most because they are 52 percent in population and their reservation is 27 percent. But now there is a 10 percent reservation for the upper castes who are 25 percent of the population. You have given 10 percent reservation to 25 percent of people, which is a big percentage. I think they have disrespected the constitution,” she said.

“If you earn below 800,000 rupees ($10,000), you get reservation. How can you be poor in India if you earn that much? The poverty line for the lower and the upper castes is different. This is discrimination in practice.”

My remarks on the EWS quota when the Constitution (124th Amendment) Bill was introduced in the Rajya Sabha. The legislative intent behind reservations was not poverty alleviation but affirmative action for historically discriminated and deprived sections of our society. #EWS pic.twitter.com/e1hzmum585 — D. Raja (@ComradeDRaja) November 9, 2022

‘Social injustice’

The ruling BJP hailed the Supreme Court verdict, calling it “a big boost in the direction of social justice” and a victory for the country’s poor.

“All the poor people have the same caste, they are poor. This reservation will bring unity in the country. My appeal is that all the needy people in the world unite and fight their battle for a better life,” BJP Vice President Uma Bharti tweeted on Monday.

Several opposition parties have rejected the decision and called for another judicial review.

M K Stalin, the chief minister of the southern Tamil Nadu state, said the verdict was a setback in a “century-long crusade for social justice”.

“All the like-minded parties shall come together as one to fight the social injustice called EWS quota and carry the struggle forward,” he tweeted.

Stalin’s Dravida Munnetra Kazhagam (DMK) party also said it will challenge the move in the Supreme Court, according to Indian media reports.

Kanimozhi’s 3-year-old speech opposing the EWS reservation is a must watch #EWSReservation #EWSQuota #Kanimozhi pic.twitter.com/EbW1s2C58R — TheNewsMinute (@thenewsminute) November 8, 2022

The Communist Party of India (CPI) also said the verdict was unacceptable, a report in The Hindu newspaper said on Wednesday.

New Delhi-based academic and activist Apoorvanand told Al Jazeera the government is “making another discrimination” by upholding the new quotas.

“The arguments for reservation have always been what constitutes backwardness. It is social, not economic,” he said.

“When you appear before an interview board, you are discriminated against because you belong to a certain social group. That bias is there. The reservation was for people from certain communities who have not been able to access certain facilities because of their social background.”

Apoorvanand said the EWS quota is “against the principle of equality in the constitution”.

“This is the first time in the history of India that the Supreme Court has done something like this,” he said. “The very basis of the reservation has been distorted.”

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Upholding minority rights in India: A test of democracy and constitutional commitment

In India, a union of states, safeguarding minority rights transcends the realm of constitutional obligation, standing as a resolute affirmation of the nation’s commitment to principles of pluralism and inclusivity since gaining its independence. The Indian Constitution, crafted with profound foresight by its visionary founders, establishes a comprehensive framework for minority protection, mirroring the ethos of a nation that celebrates its rich tapestry of diversity. Yet, the essence of democracy is tested not by the mere inscription of provisions but through their rigorous implementation and steadfast adherence.

The Constitution delineates several key provisions for minority protection. Article 14 enshrines equality before the law and the equal protection of the laws for every individual. Articles 15 and 16 explicitly prohibit discrimination on the basis of religion, race, caste, sex, or place of birth, and guarantee equality of opportunity in public employment. Notably, Articles 29 and 30 are tailored to specifically shield the rights of minorities to preserve their language, script, or culture, and to establish and manage educational institutions of their choosing. These clauses embody the constitutional commitment to a society where diversity is not merely endured but exalted.

Despite these constitutional safeguards, the situation of minorities in various parts of India has raised serious concerns in recent years. Reports of violence, lynching, discrimination, hate speech, and social exclusion underscore a chasm between constitutional ideals and the lived reality. The crux of the challenge lies not in the nonexistence of laws but in their effective execution due to the rise of majoritarian politics. It is critical that all government branches — the legislature, the executive, and the judiciary — collaborate to transform constitutional promises from parchment to practice.

The judiciary, in particular, is entrusted with a crucial role in the protection of minority rights. Armed with the power of judicial review, it has the authority to invalidate laws and measures that contravene constitutional provisions. The courts must eschew majoritarian biases, expanding the interpretation of fundamental rights to meet the nuanced challenges confronting minorities. Public Interest Litigation (PIL) stands as a potent tool for the judiciary, enabling it to uphold minority rights even in the absence of direct legal petitions.

The defence of minority rights is integral to India’s identity as a pluralistic, democratic society. Adhering to the Constitution’s provisions for minority protection is not merely a legal duty but a moral one, demanding a unified effort from all societal sectors — government, judiciary, civil society, and citizens alike. Only by embracing the Constitution’s guiding principles can India sustain its stature as a united, progressive, and modern nation, fulfilling its pledge of justice, liberty, equality, and fraternity for every citizen, and affirming that its diversity is indeed its greatest strength.

This article was submitted as part of ‘ Constitution awareness ’ by the Government of Karnataka.

Ashok Swain is a Professor and Head of the Department of Peace and Conflict Research of Uppsala University, Sweden.

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Minorities have to be treated as ‘weaker sections’: NCM to Supreme Court

Published - August 03, 2021 04:15 am IST - New Delhi

The National Commission for Minorities (NCM) has told the Supreme Court that minorities have to be treated as the “weaker sections” in the country, where majority community is so “predominant”. The NCM said despite the safeguards provided in the Constitution and the laws in force there persist amongst the minorities a feeling of inequality and discrimination.

“In a country like India where the majority community is predominant, the minorities have to be treated as the weaker sections within the meaning of Article 46,” the NCM said in an affidavit.

In 40-page affidavit, it stated that “numerically smaller or weaker classes are bound to be suppressed and overpowered by the dominant majority groups” if special provisions and schemes were not framed by the government.

The submission was made in an affidavit filed in response to a petition which said welfare schemes cannot be based on religion.

Article 46 states that “The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.” The NCM also contended that it was founded with objective to integrate minority in the main stream to improve their social and economic status. It also clarified that it does not administer any scheme nor provides grant to any community and in fact it is the government which runs schemes for them.

Earlier, the Centre had told the top court that welfare schemes for religious minority communities are “legally valid” which aims to reduce the inequalities and does not violate the rights of members of Hindus or other communities.

“It is submitted that the schemes being implemented by the Ministry are to reduce the inequalities among the minority communities and to improve the level of education, participation in employment, skill and entrepreneurship development, reducing deficiencies in civic amenities or infrastructure. “The schemes are not in contradiction to the principles of equality as enshrined in the Constitution. These schemes are legally valid as they are only enabling provisions so as to achieve inclusiveness and do not suffer from any infirmity. The support given to disadvantaged/ underprivileged children /candidates of minorities communities through these schemes cannot, therefore, be faulted with,” the affidavit had stated.

The Centre had said the welfare schemes are meant only for the economically weaker sections/underprivileged, children/candidates/women of the minority communities and not for everyone belonging to a minority community. In addition, the scholarship scheme, coaching schemes etc. have academic merit, as well as earmarking for girl students, it added.

The petition, filed by Neeraj Shankar Saxena and five others, had said the petitioners are being unconstitutionally deprived of benefits available to similarly situated members of religious minorities in violation of their fundamental right.

“The petitioners and other members of Hindu community are suffering because they have been born in majority community. The State cannot promote or give any benefit to any religious community whether minority or majority keeping in view the secular ethos embedded in the Constitution of India,” the petition said.

The petitioners contended that by giving such “undue advantage”, the Centre is treating the Muslim community above law and the Constitution since no such benefits are given to the institutions of Hindu community.

It has also sought the scrapping of the National Commission for Minorities Act, 1992, as there is already a Backward Classes Commission to find out the conditions of the backward classes that need aid.

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Spatiotemporal variations in near-surface soil water content across agroecological regions of mainland india: 1979–2022 (44 years).

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Rani, A.; Sinha, N.K.; Jyoti, B.; Kumar, J.; Kumar, D.; Mishra, R.; Singh, P.; Mohanty, M.; Jayaraman, S.; Chaudhary, R.S.; et al. Spatiotemporal Variations in Near-Surface Soil Water Content across Agroecological Regions of Mainland India: 1979–2022 (44 Years). Remote Sens. 2024 , 16 , 3108. https://doi.org/10.3390/rs16163108

Rani A, Sinha NK, Jyoti B, Kumar J, Kumar D, Mishra R, Singh P, Mohanty M, Jayaraman S, Chaudhary RS, et al. Spatiotemporal Variations in Near-Surface Soil Water Content across Agroecological Regions of Mainland India: 1979–2022 (44 Years). Remote Sensing . 2024; 16(16):3108. https://doi.org/10.3390/rs16163108

Rani, Alka, Nishant K. Sinha, Bikram Jyoti, Jitendra Kumar, Dhiraj Kumar, Rahul Mishra, Pragya Singh, Monoranjan Mohanty, Somasundaram Jayaraman, Ranjeet Singh Chaudhary, and et al. 2024. "Spatiotemporal Variations in Near-Surface Soil Water Content across Agroecological Regions of Mainland India: 1979–2022 (44 Years)" Remote Sensing 16, no. 16: 3108. https://doi.org/10.3390/rs16163108

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