10% EWS quota for poorer general-category families is valid
In one line
Poorer families from communities not covered by SC, ST or OBC reservation, including Brahmins, can get the 10% EWS quota.
What happened
In January 2019, the 103rd Constitutional Amendment allowed up to 10% reservation in government jobs and education for economically weaker sections (EWS) who are not covered by SC, ST or OBC reservation, such as poorer Brahmin and other general-category families. Many petitions challenged it.
What the court decided
- By a 3:2 majority, the court upheld the 103rd Amendment.
- Reservation based only on economic criteria does not violate the basic structure of the Constitution.
- Keeping SC, ST and OBC groups out of the EWS quota is valid, because they already have their own reservation. Two judges disagreed on this point.
- The 50% ceiling on reservation is not rigid, so the extra 10% EWS quota is allowed.
What it means for you
- Poorer Brahmin and other general-category families can apply under the EWS quota for central government jobs and admissions.
- You need an Income and Asset Certificate from your Tehsildar or a higher officer.
- Family income must be below ₹8 lakh a year, and there are limits on land and property. States can have their own rules for state jobs.
Source: Judgment of the Supreme Court of India in Janhit Abhiyan v. Union of India, decided on 7 Nov 2022.
This summary is general information, not legal advice for your situation. Laws change; talk to an advocate before acting.
