SC asks Central Govt if it wants to ‘revisit’ Rs 8 lakh income for EWS Category

Supreme Court has asked the Centre to file an affidavit within a week to explain the basis of fixing the Rs 8 lakh ceiling for EWS.

The Supreme Court asked the Central Government if it wants to revisit the limit of Rs 8 lakh annual income fixed for determining the Economically Weaker Sections (EWS) category for reservation in National Eligibility cum Entrance Test (NEET) admissions for medical courses.

An SC bench headed by Justice D.Y. Chandrachud and Justice BV Nagarathna expressed their annoyance at the Centre for not filing an affidavit explaining how it reached the Rs 8 lakh income figure to identify the EWS category for granting reservation.

The apex court was hearing a bunch of petitions challenging the 10% quota for EWS within all-India quota (AIQ) seats in medical admissions from the current academic year, 2021-22.

“Tell us if you want to revisit the criterion or not. If you want us to discharge our duties, then we are ready to do so. We are formulating questions... you need to answer them,” Justice Chandrachud addressed Additional Solicitor-General K.M. Natraj.

Responding on behalf of the Government, Additional Solicitor General (ASG) argued that the income criteria was based on recommendations of the 2010 Sinha Commission report, and some other inputs, which were in the nature of “policy matters” and hence exclusively in the domain of the government. The three-member commission, headed by Major Gen SR Sinha (retired), was instituted by the United Progressive Alliance (UPA) government and submitted its report in July 2010, reported Live Law.

The Court observed that there has to be some exercise done before fixing this criterion. Justice Natraj observed: “The only thing you argue is that it is for parity with OBC. But that will have a serious constitutional hurdle for you. You are making unequals as equals by applying Rs 8 lakh limit. We gave you two weeks on the last date to file your affidavit and you should have done that in a matter as serious as this.”

The Supreme Court suggested that the government should do a high-level policy rethink.

It also asked the Centre to file an affidavit within a week to explain the basis of fixing the Rs 8 lakh ceiling for EWS.

The central government introduced 10% EWS quota under the 103rd Constitution (Amendment) Act, 2019 which is under challenge before a five-judge Constitution bench of the Supreme Court.

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