The Constitution (103rd Amendment) Act, 2019 — providing 10 per cent reservation for Economically Weaker Sections via Articles 15(6) and 16(6) — was upheld by the Supreme Court in:
AIndra Sawhney v. Union of India, AIR 1993 SC 477 — 50 per cent reservation cap principle
BM. Nagaraj v. Union of India, (2006) 8 SCC 212 — SC/ST promotion quota conditions
CJanhit Abhiyan v. Union of India, (2023) 5 SCC 1 — EWS reservation by 3:2 majority
DJarnail Singh v. Lachhmi Narain Gupta, (2018) 10 SCC 396 — quantifiable backwardness
Answer & Solution
Correct answer: C. Janhit Abhiyan v. Union of India, (2023) 5 SCC 1 — EWS reservation by 3:2 majority
1. The 103rd Amendment Act, 2019 inserted Article 15(6) and Article 16(6), enabling up to 10 per cent reservation for EWS in admissions to educational institutions and public employment.
2. In Janhit Abhiyan v. Union of India, (2023) 5 SCC 1, a Constitution Bench by 3:2 upheld the amendment, holding that EWS reservation does not violate the basic structure and that the 50 per cent ceiling in Indra Sawhney is not inviolable for separate vertical categories.
3. Indra Sawhney predates the EWS amendment; Nagaraj and Jarnail Singh deal with SC/ST promotion quotas.
4. Hence option B is correct.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., Janhit Abhiyan v. Union of India, (2023) 5 SCC 1_
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