Taking the EWS Quota Seriously: Is It Fair and Just?

Abstract

The Supreme Court’s recent judgment upholding the economically weaker sections (EWS) quota has given rise to the idea that reservations can be provided to economically vulnerable sections of the people. This expansion in the beneficiaries of affirmative action has triggered the perception that the reservation policy, which was earlier seen as promoting the principle of equal opportunity and providing compensation to historically marginalised castes, is now also a tool to overthrow poverty, unemployment and economic deprivation. This essay addresses this rebuttal by the court and clarifies that in the context of India, the implementation of reservation policies was based on the premise that the abolition of untouchability was not sufficient to secure equality of opportunity and the battle for social equality will remain as long as we are struggling to deal with caste discrimination. This essay explains why the EWS quota is likely to be a poor tool for achieving economic equality or redressing social discrimination.