T. Chiranjeevulu , IAS( Ret), Founder President BCIF(BC Intellectuals Forum)
EWS Reservations: Social Injustice to the Backward Classes
The reservation system in India is not a poverty alleviation scheme. It is a special instrument created by the Constitution for social justice, equal opportunities, and redressal of historical injustices. According to the vision of Constitutional architect Dr. B.R. Ambedkar, reservations were designed to provide representation to classes that had been suppressed for centuries — socially, educationally, and politically.
However, the Economically Weaker Sections (EWS) reservations introduced by the Central Government in 2019 brought a new turn in India's reservation policy. The 103rd Constitutional Amendment, which provides 10% reservation for upper-caste communities that are economically backward, triggered a nationwide debate. In Telangana, this issue became even more controversial.
What is EWS Reservation?
Through the 103rd Constitutional Amendment, Articles 15(6) and 16(6) were added to the Constitution, providing 10% reservation in education and employment to economically weaker sections not belonging to SC, ST, or BC categories. Those with an annual income below ₹8 lakhs and within specified property limits are eligible. It is noteworthy that this is the first reservation in India based on "economic backwardness" rather than "social backwardness."
These communities never faced caste-based discrimination. There is no social backwardness whatsoever. They hold the majority of jobs — and yet EWS reservations are being implemented for them. This has led to the opinion that laws in this country are made only for the advancement of the upper classes. As the saying goes, "If the one serving is one of ours, that is enough" — they have gone so far as to amend the Indian Constitution to enforce benefits for their own communities.
Implementation of EWS in Telangana
The Telangana government, under the leadership of then Chief Minister K. Chandrashekar Rao, approved the implementation of EWS reservations in the state in 2021. As per G.O. Ms. No. 33 issued by the state government, it was decided to implement 10% EWS reservation in educational institutions and government jobs. As a result, the total reservation percentage in Telangana rose from 50% to 60%.
Social Demographics of Telangana
Examining the population percentages by social category in Telangana:
- SCs – 17.43%
- STs – 10.45%
- BCs (including Muslims) – 56.33%
- OCs – 15.79%
However, if approximately 12,04,000 people who did not declare their caste are removed from this 15.79%, the actual OC population in Telangana is only around 43,97,515 — which amounts to approximately 12.35% of the total state population.
Here a critical question arises: even within this 12.35%, if families earning more than ₹8 lakhs annually and those with significant movable and immovable assets are excluded, the actual percentage of genuine EWS-eligible people would be only around 4%. This was clearly established by the Telangana Social, Educational, Employment, Political, and Caste Survey 2024.
In such a situation, the question being raised strongly in Telangana is: how can 10% reservation be given to just 4% of the population?
SCs and STs receive reservations proportional to their population. Similarly, OCs — who are just 4% — receive 10% EWS reservation. Then why are BCs, who constitute 56.33%, given only 29% reservation? This is the question BCs are raising: what kind of social justice is this?
The Cutoff Marks Controversy
Students and social organizations have criticized the fact that in many competitive examinations, EWS cutoff marks are falling very low because the seats allocated to the EWS category exceed the actual number of eligible candidates. In some instances, EWS cutoff marks have been lower even than ST cutoff marks.
For example, analyzing the results of a recent Telangana Public Service Commission Group exam, the inequalities in the reservation system are clearly visible. OC candidates were selected up to rank 417, while EWS candidates were selected up to rank 758. At the same time, only candidates up to rank 830 in BC-A, rank 436 in BC-B, and rank 446 in BC-D were selected.
This means EWS candidates with lower merit ranks than BC-B and BC-D candidates were still selected.
Similarly, out of a total of 562 Group I posts, 108 OC candidates (19.2%) were selected — which appears proportionate to their roughly 12.5% population share. Additionally, 64 were selected under the EWS quota, bringing the OC+EWS total to 172. The Bahujan community is asking: how is it social justice that OCs, who are less than 12.5% of Telangana's population, secured 31% of selections?
This is leading to a major debate about the true purpose of reservations — social justice and redressal of historical backwardness and oppression. The question grows stronger: "Is reservation a tool of social justice, or an unequal distribution of opportunities?"
Reservations Being Implemented Without Empirical Data?
Critics point out that before implementing EWS reservations, the Telangana government did not establish a special commission to study the issue based on a state-level social, economic, and educational survey. There is no comprehensive empirical or quantifiable study on:
- What is the actual EWS population in the state?
- What is their educational backwardness?
- What is their representation in jobs?
- To what extent is reservation necessary?
The view being expressed is that while the central government mandated 10%, Telangana implemented it as-is without any analysis tailored to the state's social structure.
The Indra Sawhney Case and the History of EWS
On September 25, 1991, then Prime Minister P.V. Narasimha Rao issued a memo providing 10% reservations for economically backward sections in central government civil posts. Examining its constitutionality in the Indra Sawhney v. Union of India case, a nine-member Constitutional Bench struck down economically-based reservations by an 8-1 majority, clearly stating that constitutional reservations are intended only for socially and educationally backward classes.
Yet in 2019, the Central Government brought the 103rd Constitutional Amendment and implemented it within just a few days:
- January 7 – Cabinet approval
- January 8 – Lok Sabha approval
- January 9 – Rajya Sabha approval
- January 11 – Presidential assent
- January 14 – National implementation
Meanwhile, the Telangana Legislative Assembly passed a 42% reservations bill (for BCs, SCs, STs) with the Governor's approval and sent it to be placed in the Ninth Schedule — yet the Central Government has not acted on it even after a year. But EWS was implemented within a week. This reveals the ruling powers' true affection for BCs.
Tamil Nadu and Northeastern States' Stance
Although most states in the country are implementing EWS reservations, Tamil Nadu has clearly opposed and not implemented them. Similarly, several northeastern states have also not implemented these reservations. In Assam, EWS reservations are not being applied in government jobs.
Constitutional Questions
The Supreme Court analyzed in the Indra Sawhney case whether reservations should be given proportionally to classes with inadequate representation. In that same case, the bench stated that total reservations must not exceed 50%. But with EWS implementation, reservations in many states have now reached 60%.
In the Janhit Abhiyan v. Union of India case, a five-member Constitutional Bench upheld EWS reservations by a 3-2 majority. However, then Chief Justice U.U. Lalit and Justice S. Ravindra Bhat dissented, expressing opposition to these reservations.
The Supreme Court's View on Data-Based Reservations
The Supreme Court, in several judgments, has clearly stated that empirical and quantifiable data is necessary for granting reservations. Key cases include:
- M. Nagraj v. Union of India
- Jarnail Singh v. Lachhmi Narain Gupta
- Jayashree Laxmi Patil v. State of Maharashtra
All these judgments emphasized the necessity of data-based reservations. However, the fact that EWS reservations in Telangana are being implemented without such comprehensive data has become a major question.
Conclusion
The implementation of EWS reservations in Telangana is not merely a routine administrative decision — it is a matter that has sparked major debate on social justice, constitutionality, representation, and equal opportunities.
- Is it right to give 10% reservation to a population that is less than 4%?
- Is implementing reservations without empirical data constitutional?
- Are reservations a remedy for social backwardness, or an alternative welfare scheme for economic poverty?
Finding answers to these questions is now the crucial responsibility before Telangana's society, government, and judiciary.
In truth, these reservations cause immense injustice to BCs, SCs, and STs. Furthermore, even genuine low-income OC individuals are being harmed, as dominant high-income caste groups obtain fraudulent certificates claiming low income. This is why a review of these reservations is necessary.
It is time for the Telangana government to constitute an independent commission, conduct a comprehensive study of the actual EWS population in the state, their socio-economic conditions, and their representation status — and then proceed scientifically and constitutionally based on that report.
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