Will Review ₹ 8 lakh Annual Income Limit For EWS Quota, Center Told SC | Latest India News

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Urged by the Supreme Court to “rethink high-level politics”, the Union government decided to review the ??8 lakh annual income limit to identify the economically weaker section (EWS) to provide 10% quota in public jobs and educational institutions.

On Thursday, a Supreme Court bench, headed by Judge Dhananjaya Y Chandrachud, was briefed on the Centre’s decision by Solicitor General (SG) Tushar Mehta, who said the government would review the annual income criteria by setting up a committee for this purpose.

“I have instructions that the government has decided to review the SAP criteria. We will form a committee and decide within four weeks … we will reconsider the reservation of the criteria of the economically weaker section and take an appeal, ”Mehta, who represented the Center, told the bench, which included Justices Surya Kant and Vikram. Nath.

The SG’s observations follow repeated discussions by the highest court over the past two months regarding the methodology adopted by the Center to set income criteria for AMPs uniformly across the country.

As it considered a series of petitions challenging the 10% quota for PAS in All India Quota (AIQ) seats in current academic year 2021-2022 medical admissions, the court had , on October 21 and 7, took a grim view of the Centre’s inability to explain the exercise carried out before setting the ??8 lakh annual income limit for EWS.

On Thursday, the judiciary took note of the SG’s statement that a period of four weeks would be required for the SAP criteria review exercise, and pending its conclusion, the date of advice for medical admissions for the academic year. in progress will be postponed. The court set January 6 to hear the case next.

During the brief hearing, the judiciary stressed that implementing the benefits of quotas for AMPs could be a “gradual” policy decision, but there were many questions on how to implement it.

“If they (the government) have to do something, let them do something in a reasonable way and now let them do it right. Four weeks is not unreasonably long to review the criteria, ”noted the judiciary by adjourning the case.

The 10% EWS quota was introduced under the 103rd Law (Amendment) of the Constitution of 2019, which is being challenged before a constitutional bench of five Supreme Court justices.

Since the law was not suspended by the Supreme Court, the government issued a notification on July 29 introducing a 10% quota for EWS as well as a 27% quota for the CBO in the seats of AIQ for postgraduate medicine courses this academic year. By this decision, 2,500 PG seats in government medical schools would be allocated to the OBCs and 1,000 to those of the EWS.

This decision was challenged in a series of petitions which were heard on Thursday. The income criterion of ??8 lakh set by the Center was one of the grounds cited by the petitioners to question the July 29 notification.

On October 7, the judiciary questioned the methodology adopted by the Union government to determine the annual income limit, demanding data that weighed with the government to provide a reserve for families with annual income below ??8 lakh. He asked if GDP per capita, purchasing power and cost of living index which varied from state to state were taken into account before arriving at this figure.

The government having not provided any categorical response by the next court date, the judiciary found on October 21 that the Center cannot “shoot” the ??Annual income limit of 8 lakh “out of thin air” and wondered if the attempt was to “make inequalities as equals”.

The bench also formulated specific questions, including whether the Union government had undertaken an exercise before arriving at the income criteria to determine the SAP and, if so, whether the Sinho Commission report was up to date. base of this binding. “The income limit for determining the creamy layer in OBC and EWS is the same at ??8 lakh. In the CBO, economically advanced people are excluded so that social backwardness decreases. In EWS, it is made to include segments. Therefore, the income test in OBC, which is exclusion based, is inclusion based for the EWS. In such a scenario, will it be arbitrary to provide a similar income cap for EWS and OBC, ”the court asked.

On October 26, the government filed its affidavit justifying its decision to introduce a 10% quota for people from families with an annual income of less than ??8 lakh. When it comes to reservations, there can be no mathematical precision in determining an income cap to identify the poor, the central government told the Supreme Court.

The government added that it is not necessary to have different income scales for different cities, states and regions as economic conditions continue to change over time and a broad criterion applicable to the whole country should be taken as the basis for providing a reservation for the SAP. These are policy questions that the courts should not interfere with, the government added.

Representing the petitioners, Senior Counsel Arvind Datar and Counsel Charu Mathur argued in the case that per capita income in the states differs considerably, and therefore determining the SAP at the level of all of India requires careful study. by a committee of experts so that the ends of social justice is achieved. For this year, the lawyers argued, the EWS reservation should not be executed in the absence of any criteria explaining the reservation.

The petitions also referred to a government decree of January 17, 2019 according to which income from all sources will be taken into account for the reservation of the SAP. However, in August 2021, another government communication referred to the Sinho Commission which formed the basis for providing an SAP reservation by setting ??8 lakh as income limit.


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