Skip to main content

10% quota for 90% upper caste persons? No data to back up Supreme Court move

By Prasanna Mohanty* 

The Supreme Court judgement of November 7, 2022, upholding a 10% quota in educational institutions and government jobs for the economically weaker section (EWS) among the upper castes (non-SC, ST, and OBC) marks a decisive turning point for the idea of ‘reservation’ and will continue to be hotly debated for long.
That is because it overturns more than seven decades of accent on social backwardness or social deprivations caused by a rigid caste-based discrimination system, which led to multiple other deprivations – educational and economic backwardness – for a significant population. 
The focus now shifts exclusively to the economic backwardness of the privileged upper castes, unburdened by the historic injustices and “othering” based on a rigid caste system to which the lower castes have been subjected.
This judgement may not end the quota for SCs, STs, and OBCs just yet, but it is a move in that direction. Justice Pardiwala, one of the three judges who wrote the majority view (3-2), himself said so. He wrote that “the idea of Baba Saheb Ambedkar was to bring social harmony by introducing reservation” in the Constitution, but that
(i) “reservation should not continue for an indefinite period of time so as to become a vested interest”, and that 
(ii) “the new concept of economic criteria… may go a long way in eradicating caste-based reservation” and that this “may be perceived as a first step in the process of doing away with caste-based reservation.“.
He did not state that social harmony – that is, the abolition of caste-based discrimination and deprivation – had been established. The “real” cause of multiple depravities (social, educational, and economic backwardness) “continues,” but the development and spread of education have resulted in a significant “tapering of the gap” between classes.
Surely economic backwardness, the new touchstone of reservation, isn’t the same as the perennial caste-based discriminations and deprivations. Besides the lower castes have been kept out of the 10% EWS quota on the ground that they already enjoy reservations, which the majority view upheld but the minority view differed. 
Interestingly, even the minority view agrees to the “permissibility” of economic criteria for reservations even while protesting against the exclusion of lower castes, saying that they constitute the maximum poor – 38% of SCs, 48.4% of STs, and 33.1% of OBCs are PBL, as against 18.2% of general category (upper castes).
True, the Parliament is empowered to make new laws and set new conditions (economic backwardness for reservation), and the constitutionality of the 103rd Amendment providing for this has been upheld by the majority view (but not the minority view). 
That is why the arguments contained in the majority view (6-3) in the 1992 Indra Sawhney case against reservations based on economic backwardness or arguments that such a reservation runs afoul of Article 16(4) hold no water, but there are several other reasons for which the present judgement will remain contentious.
The two most important reasons are: (a) Can a five-member bench (in the present case) overturn the nine-member bench verdict of 1992 in the Indra Sawhney case that put a 50% limit on reservations just by dismissing that as “not inflexible”? and (b) can an action that benefits the most people be called “affirmative action” or “positive discrimination” (the legal arguments that allow “reservation” without violating the “equality” guaranteed by the Constitutions)?
The first one is self-explanatory. The second one springs from the eligibility criteria set for the 10% EWS quota. This was not under review as the judgement looked into the 103rd constitutional amendment, which doesn’t set the eligibility criteria; those were spelled out in an executive order later, which says the eligible are those for whom (i) family income is below Rs 8 lakh per year (ii) family owns less than 5 acres of agricultural land (iii) family owns a residential flat of less than 1000 square feet, a residential plot of less than 100 square yards in notified municipalities, and a residential plot of less than 200 square yards in non-notified municipalities.
How many will qualify by this?
Take the case of income. India doesn’t have income assessments but consumption expenditure as a proxy for it. The last consumption expenditure survey was in 2011-12.
So, using the PLFS of 2019-20 data, the EAC-PM’s “Report on State of Inequality in India” said an Indian earning Rs 25,000 per month, or Rs 3 lakh a year, comes under “the top 10%” of wage earners
Even if two members of a family are wage earners, this would mean an annual family income of Rs 6 lakh – way below Rs 8 lakh. This would also mean far more than 90% Indians are eligible for the EWS quota. 
Similarly, going by agriculture landholding, 86% of Indians are small and marginal farmers with operational landholding below 5 acre or 2 hectare – as per the 2015-16 Agriculture Census released in 2019.
Caste-based discrimination has pushed significant population into multiple deprivations; upper castes suffer no such handicap
How can any action that benefits more than 90% of individuals or families on income and 86% on farm landholding be called “affirmative”, “positive discrimination” or “reservation” at all?
The Kerala government did a smart job while adopting the Centre’s 10% EWS quota two years ago. It hived it off from the quota meant for general category (50.5%) – without violating the 50% limit or making mockery of “affirmative” and “positive discrimination” arguments.
The Gujarat High Court had struck down the state government’s 10% EWS quota for upper castes (through ordinance) in 2016 by declaring it unconstitutional. It reasoned (a) there was no technical impact assessment study and quantifiable and empirical data for the need for such a reservation and (b) economic backwardness being a fluctuating issue, this can’t be the sole basis.
Finally, there is more politics to the EWS quota than legal or economic realities and it is certainly not about poverty or economic backwardness at all. Had poverty been the concern, the Indian government would have collected relevant data.
The last consumption expenditure data (proxy for income) was in 2011-12 – a decade ago. It has collected no data on how many people were pushed into poverty due to the pandemic, or in the pre-pandemic demonetization and GST days that caused overnight loss of millions of jobs and businesses too.
Unlike extensive debate in the Constituent Assembly to provide reservations for SCs and STs, the EWS quota was hurriedly passed in both the Lok Sabha and Rajya Sabha on the very same day that it was introduced – January 8 and 9, respectively.
Rather, it is about appeasing upper caste Hindus who are not only guilty of practicing caste-based discrimination for thousands of years but who have always resented caste-based reservations also. It is in plain sight and also the burden of the arguments the commentary of legal expert Prof Faizan Mustafa and social scientist Satish Deshpande have made against the EWS quota.
---
*Source: Centre for Financial Accountability

Comments

TRENDING

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor*  A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra  Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas*  Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan  Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat*  In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

Overriding India's constitutional sovereignty? Citizens urge PM to reject WHO IHR amendments

By A Representative   A group of concerned Indian citizens, including medical professionals and activists, has sent an urgent appeal to Prime Minister Narendra Modi, urging him to reject proposed amendments to the International Health Regulations (IHR) before the ratification deadline of July 19, 2025. 

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative   At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative   A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman*   The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.