10% EWS Reservation in India: Eligibility, Income & Asset Criteria

What is EWS Reservation?

EWS stands for Economically Weaker Sections. The expression "upper caste reservation" is commonly used in informal discussion, but it is not the terminology used in the Constitution. For Central Government direct recruitment, EWS reservation applies to persons who are not covered under the reservation scheme for Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs), and who satisfy the prescribed income and asset conditions.

The reservation is an affirmative-action measure based on economic disadvantage. It was introduced in 2019 and operates in addition to existing reservations, subject to the constitutional ceiling of 10% for the EWS category and the rules governing the particular recruitment or admission.

Constitutional Basis: Articles 15(6) and 16(6)

The Constitution (One Hundred and Third Amendment) Act, 2019 inserted clauses (6) in Articles 15 and 16.

Article 15(6)

Article 15(6) enables the State to make special provisions, including reservation, for advancement of economically weaker sections other than the classes covered by Articles 15(4) and 15(5). In relation to admissions, the provision extends to educational institutions, including private aided and unaided institutions, but excludes minority educational institutions protected by Article 30(1). The reservation may be in addition to existing reservations, subject to a maximum of 10% of total seats in each category.

Article 16(6)

Article 16(6) enables the State to provide reservation of appointments or posts in favour of economically weaker sections other than the classes covered by Article 16(4), in addition to existing reservation, subject to a maximum of 10% of posts in each category.

Who Qualifies for EWS Reservation?

For direct recruitment in civil posts and services under the Government of India, DoPT Office Memorandum No. 36039/1/2019-Estt (Res), dated 31 January 2019, prescribes the principal eligibility framework. A person must not be covered by the SC, ST or OBC reservation scheme and must meet both the family-income test and the asset test.

Central Government EWS Income and Asset Criteria

Under the DoPT framework, the family's gross annual income must be below ₹8 lakh for the financial year prior to the year of application. Income includes earnings from sources such as salary, agriculture, business and profession.

Even where the income condition is met, a person is excluded from EWS status if the family owns or possesses any one of the specified assets at or above the prescribed limit:

Property held by the family at different locations is clubbed for applying the land and property holding test. For this purpose, the family includes the applicant, the applicant's parents and siblings below 18 years of age, as well as the applicant's spouse and children below 18 years of age.

EWS Income and Asset Certificate

The benefit of EWS reservation is claimed through an Income and Asset Certificate issued by a competent authority in the prescribed form. Under the Central Government instructions, authorized issuing authorities include the following categories, subject to the applicable State or Union Territory procedure:

• District Magistrate, Additional District Magistrate, Collector, Deputy Commissioner, Additional Deputy Commissioner, Sub-Divisional Magistrate and other authorized executive magistrates;
• Chief Presidency Magistrate, Additional Chief Presidency Magistrate or Presidency Magistrate;
• Revenue Officer not below the rank of Tehsildar; and
• Sub-Divisional Officer of the area where the candidate or family normally resides.

The issuing authority is required to verify relevant records in accordance with the procedure prescribed by the State or Union Territory. DoPT has also issued subsequent clarifications concerning the EWS certificate, including certificate validity and the seal/designation of issuing authorities.

EWS Reservation in Central Government Jobs

The DoPT instructions provide 10% reservation in direct recruitment to civil posts and services in the Government of India for eligible EWS candidates. The scheme applies to direct recruitment vacancies notified on or after 1 February 2019.

Scientific and Technical Posts

Specified scientific and technical posts may be exempted from the reservation orders where the prescribed conditions are satisfied and the required approval is obtained. The exemption is not automatic.

Reservation Rosters

Government establishments are required to operate post-based reservation rosters for direct recruitment by interpolating EWS roster points with those for SCs, STs and OBCs in accordance with the DoPT instructions.

Unfilled EWS Vacancies

Under the 31 January 2019 DoPT OM, where an EWS vacancy cannot be filled because a suitable EWS candidate is unavailable, that vacancy for the recruitment year is not carried forward as an EWS backlog vacancy to the next recruitment year.

EWS Candidates Selected on Merit

An EWS candidate is not barred from competing for an unreserved vacancy. A candidate selected on merit without relying on EWS reservation is not counted against the EWS quota.

Grievance Redressal

Government establishments are required to appoint a senior officer as Grievance Redressal Officer for complaints relating to discrimination in employment against EWS candidates, and Ministries/Departments are required to appoint Liaison Officers to monitor implementation.

EWS Reservation in Educational Institutions

Article 15(6) authorizes special provisions, including reservation, for EWS candidates in admissions. The constitutional provision covers educational institutions including private institutions, whether aided or unaided by the State, while excluding minority educational institutions referred to in Article 30(1).

The actual availability of EWS seats, eligibility documents, counselling rules and certificate dates depend on the applicable admission rules and notification. Candidates should therefore verify the prospectus or admission notice issued for the course and institution concerned.

Supreme Court: Janhit Abhiyan v. Union of India

The constitutional validity of the 103rd Amendment was challenged before a Constitution Bench of the Supreme Court. On 7 November 2022, the Court, by a 3:2 majority, upheld the amendment. The judgment confirmed the validity of the constitutional framework permitting EWS reservation under Articles 15(6) and 16(6).

The judgment is important because it addressed the use of economic criteria for affirmative action, the exclusion of classes already covered by reservation under the specified constitutional provisions, and the additional 10% reservation contemplated by the amendment.

Key Points to Remember

• EWS is the legally appropriate term; it should not be treated simply as a synonym for "upper caste".
• The constitutional ceiling for EWS reservation under Articles 15(6) and 16(6) is 10%.
• For Central Government direct recruitment, family income must be below ₹8 lakh and the prescribed asset limits must also be satisfied.
• An Income and Asset Certificate from a competent authority is required to claim the benefit.
• The relevant recruitment or admission notification should always be checked for the applicable certificate year, cut-off date and procedural requirements.