₹8L income bar for EWS not over-inclusive, Centre tells SC

₹8L income bar for EWS not over-inclusive, Centre tells SC

New Delhi:27.10.2021

Facing questions from the SC over the rationality for fixing an income limit of Rs 8 lakh for EWS quota, which is the same for OBCs, the Centre said the determination cannot be a mathematical formula, suggesting the matter be left to the government, reports Amit Anand Choudhary.

Stating that the criteria was on the basis of the Sinho commission report, which had in 2010 suggested that the creamy layer benchmark for OBCs be adopted for EWS, the Centre said setting different limits on the basis of cost of living and per capita income was not feasible.

Checks to ensure only needy avail EWS benefits

Allaying the apprehension that the Rs 8 lakh limit is too high for people from the general category — which does not suffer from social and educational backwardness that are grounds for OBC reservation — and would result in over-inclusiveness, the Centre said there are other checks to ensure only needy people avail the EWS benefits in government jobs and admissions in educational institutions.

Responding to the court’s query on why the same income limit be applied across the country despite a rural-urban divide and different per capita income in different states, the government indicated that a certain subjectivity might be inevitable and said, “The determination has to be made on broad probabilities and it is impossible to achieve perfection/mathematical precision”.

“It is submitted that the principle of fixation of Rs 8 lakh as a criteria for determination of EWS as also for determination of creamy lawyer in the OBC category is rational and in keeping with Articles 14, 15 and 16 of the Constitution. The exercise conducted to determine the creamy layer for the purpose of OBC reservation would be equally applicable for determination of EWS category,” the affidavit said.