‘EWS income criteria linked to Sinho panel’

QUOTA ISSUE

‘EWS income criteria linked to Sinho panel’

Subodh.Ghildiyal@timesgroup.com

New Delhi:25.10.2021

Amid strong criticism by the Supreme Court over the manner in which income eligibility criteria for the Economically Weaker Sections (EWS) reservations was fixed, the government is linking the decision to peg it at Rs 8 lakh, just as for Other Backward Classes (OBCs), to the Sinho Commission report which had examined welfare measures for the general classes.

A senior official said the Sinho Commission report indicates the eligibility ceiling to qualify for EWS for any reservation measures be linked to the ‘creamy layer’ for the OBCs who avail 27% Mandal reservations.

The income bar for OBCs to qualify for the Mandal quotas is Rs 8 lakh, while the nonreserved classes (mostly forward castes) are dubbed EWS if their annual income is up to Rs 8 lakh. The parity between OBCs and EWS has raised the hackles of the Supreme Court, which has in a case questioned the government if it was not making “unequals, equals” and has asked it to submit the exercise done to arrive at Rs 8 lakh for the EWS.

A social justice ministry official said the ministry will file an affidavit in the apex court for the next hearing. The failure to file the affidavit on the issue at the hearing last week drew negative reaction from the bench seized of the case. “The affidavit is being processed by the law ministry,” the official said.

According to sources, the social justice ministry is relying on the Commission report to substantiate its decision to lay down the income criteria for the EWS, and is confident that its argument will find favour. Backing the decision, the ministry sources said the Sinho Commission held detailed discussions with states on the issue and came up with its recommendations. Thus, an official said, its views have been given the due weightage in arriving at the decision on the EWS qualifying criteria.

The 27% Mandal quotas in central jobs and educational institutions were instituted in 1993, while the Centre made a constitutional amendment to create 10% EWS quota in 2019. A legal challenge questioning the constitutionality of the EWS reservations is also pending before the Supreme Court.