Hon’ble Supreme Court in its judgment dated 16th 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 103rd 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
