Constitutional Amendment · In force
103th Amendment (2019)
Added 10% reservation in government jobs and educational institutions for Economically Weaker Sections (EWS) of the general category, outside the existing 50% cap.
Why it was passed
The BJP government argued that economic deprivation among upper-caste communities should also attract affirmative action, and that the existing reservation system based solely on caste did not address poverty among unreserved categories.
Key changes
- Inserted Article 15(6) allowing special provisions for EWS not covered by existing reservations
- Inserted Article 16(6) allowing up to 10% reservation in government jobs for EWS
Controversy and legal challenges
Upheld 3:2 by the Supreme Court in Janhit Abhiyan v. Union of India (2022). The minority held that breaching the 50% cap and introducing economic criteria violate the Basic Structure. Critics noted EWS criteria excluded SCs, STs, and OBCs even if economically similar, while supporters argued it extended opportunity to the overlooked poor among forward castes.
Related articles
Content is editorial draft pending fact-check against official Gazette notifications and Supreme Court judgment texts. Last reviewed: 2026-07-02.
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