Hon’ble Supreme Court in its judgment dated 16^th November, 1992 in the Indra Sawhney case W.P. (C) No.930 of 1990, has decided that reservation under Articles 15(4) and 16(4) of the Constitution should not exceed 50%. The total reservation given to SC, ST and OBC under these Articles does not exceed 50%. The reservation given to the Economically Weaker Sections (EWS) has been provided by the Government under provisions of Articles 15(6) and 16(6), which were inserted vide the Constitution 103^rd Amendment Act 2019. Thus the 10% reservation given to EWS, does not violate the 50% limit on reservations given under Articles 15(4) and 16(4).

The 10% reservation give to EWS under the provisions of Articles 15(6) and 16(6) are distinct from the reservation given to SC, ST & OBC under Articles 15(4) and 16(4) and these are legally protected.

This information was given by the Minister of State for Social Justice & Empowerment, Sushri Pratima Bhoumik in a written reply in the Lok Sabha today.

 

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MG/RNM

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