The majority judgment of the Constitution Bench on November 7, 2022 held that lack of guidelines to identify economic backwardness under the 10% economically weaker sections (EWS) quota cannot be used to question the 103rd Amendment.
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“The question as to whether any particular classification as economically weaker section is based on relevant data and factors as also the extent of reservation for that section could be the matters of consideration as and when arising but, for these and akin grounds, the Constitutional Amendment, moderately expanding the enabling power of the State, cannot be questioned,” Justice Dinesh Maheshwari reasoned.
Justice Maheshwari, in this context, referred to the Explanation to Article 15(6) introduced by the Amendment which said that “economically weaker sections shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantages”.
The judge left it to the state to set parameters to identify the beneficiaries of the EWS quota and to what extent the reservation should be granted to a particular section or individuals.
“The question as to whether any particular section or person falls in or is entitled to stand within the class of ‘economically weaker sections of citizens’ may be a question to be determined with reference to the parameters laid down and indicators taken into consideration by the state. Coupled with this, even the extent of reservation may also be a question to be determined with reference to the relevant analysis of the material data justifying a particular percentage,” Justice Maheshwari observed.