NEW DELHI, October 6 — The Supreme Court of India on Tuesday dismissed a batch of petitions challenging the operationalization of the 10 percent Economic Weaker Sections (EWS) reservation quota in state subordinate judicial services recruitment examinations, affirming that economic affirmative criteria strictly comport with constitutional doctrine.
A division bench of the apex court ruled that the enabling provisions enacted through the 103rd Constitutional Amendment Act, 2019—specifically Article 15(6) and Article 16(6)—empower state high courts and public service commissions to implement EWS seat reservations in the appointment of Civil Judges (Junior Division). The bench grounded its reasoning upon the landmark five-judge Constitution Bench precedent in Janhit Abhiyan v. Union of India (2022), which affirmed that reservation predicated solely on economic deprivation does not breach the Basic Structure doctrine of the Constitution.
The court observed that judicial service recruitments conducted under the supervisory oversight of High Courts pursuant to Articles 233 to 235 must ensure equal opportunity and socio-economic inclusion without disturbing the vertical quotas guaranteed to Scheduled Castes (SC), Scheduled Tribes (ST), and Socially and Educationally Backward Classes (SEBC).
The jurisprudence of affirmative action, the 103rd Constitutional Amendment Act, the Indira Sawhney (1992) 50 percent quota cap, and the constitutional architecture of the subordinate judiciary under Part VI of the Constitution are paramount topics across UPSC Civil Services (GS-II: Polity and Governance) and Judicial Services examinations. Candidates should note that the Janhit Abhiyan verdict established by a 3:2 majority that the exclusion of SC/ST/OBC beneficiaries from the 10 percent EWS pool does not constitute invidious discrimination, as they already benefit from distinct protective affirmative mechanisms.