Introduction

Reservation policies in India have evolved over decades to address inequalities that exist across caste, class, and economic lines. Among the most discussed and sometimes misunderstood reservation categories today are:

• EWS (Economically Weaker Section)
• OBC–NCL (Other Backward Class – Non-Creamy Layer)

Although both appear to address forms of socioeconomic disadvantage, they are fundamentally different in their origin, purpose, eligibility, and constitutional backing.

This article presents a deep analytical comparison of EWS and OBC–NCL with historical context, legal frameworks, eligibility rules, controversies, and current debates—supported by official government reports and constitutional provisions.

1. Historical and Constitutional Background

1.1 Origin of OBC Reservation

The concept of reservation for “backward classes” originates in the Constitution of India (1950).
Key constitutional provisions:

• Article 15(4): Allows special provisions for advancement of socially and educationally backward classes.
• Article 16(4): Allows reservation in public employment for backward classes not adequately represented in state services.

In 1979, the Second Backward Classes Commission (Mandal Commission) was established under B.P. Mandal.
Its 1980 report identified 52% of India’s population as “Other Backward Classes.”

After debates and legal challenges, OBC reservation (27%) in central government jobs and education was fully implemented in 1992 following the Indra Sawhney judgment.

1.2 Origin of EWS Reservation

EWS reservation is a far more recent development. It emerged from the idea that:

“Poverty exists across all castes, including upper castes.”

In January 2019, the Government of India passed the 103rd Constitutional Amendment, inserting:

• Article 15(6): Allows up to 10% reservation for economically weaker sections in education.
• Article 16(6): Allows 10% reservation for EWS in government jobs.

This was upheld by a 5-judge Constitution Bench in Janhit Abhiyan v. Union of India, which confirmed that reservation based purely on economic criteria is constitutionally valid.

2. Conceptual Difference Between EWS and OBC–NCL

2.1 What OBC–NCL Represents

OBC reservation is based on:

1. Social backwardness
2. Educational backwardness
3. Under-representation in public employment

The concept of Creamy Layer was introduced in Indra Sawhney (1992) to ensure that benefits reach the genuinely backward classes, not the socially and economically advanced among them.

Thus, OBC–NCL = caste-based + social disadvantage + income limit.

2.2 What EWS Represents

EWS reservation is purely economic, irrespective of caste, except for:

SC/ST/OBC categories are excluded from EWS because they already have their own reservation.

Thus, EWS = economic disadvantage only.

This is the first reservation category in India not based on caste or social backwardness.

3. Eligibility Criteria: EWS vs OBC–NCL

This is the most important section because many applicants get confused about income limits, assets, and category overlaps.

3.1 EWS Eligibility Criteria

Government Criteria:
(Based on DoPT Office Memorandum No. 36039/1/2019-Estt)

Income Limit

• Annual family income < ₹8,00,000
  (Includes salary, agriculture income, business income, etc.)

Asset Criteria

Applicants must not own:

• Residential plot > 100 sq yards (non-notified areas)
• Residential plot > 200 sq yards (notified municipalities)
• Residential flat ≥ 1000 sq ft
• Agricultural land ≥ 5 acres

Family Definition (important!)

Includes:

• Applicant
• Parents
• Spouse
• Minor siblings
• Unmarried sons/daughters

Exclusion Clause

SC/ST/OBC categories cannot take EWS.
They must apply only under their respective caste-based category.

3.2 OBC–NCL Eligibility Criteria

The criteria are more complex because OBC reservation is not income-based alone.

A. Caste Requirement (Mandatory)

• The applicant must belong to a caste listed in the Central OBC List, maintained by the National Commission for Backward Classes (NCBC).

B. Income Limit for Creamy Layer Exclusion

• The current creamy layer cut-off = ₹8,00,000 per year (from non-salary, non-farming sources).

Important Note

Income from:

• Salary
• Agriculture

Does NOT count for OBC creamy layer calculation.

This is the biggest difference from EWS.

C. Parental Job Status Conditions

Even if income is low, you become Creamy Layer if:

• Father is Group A officer (or equivalent)
• Father was promoted to Group A before age 40
• Certain high-ranking PSU, bank, defence positions

Thus, OBC creamy-layer determination is a mix of:

• Social status
• Economic status
• Occupational status

4. Key Differences Between EWS and OBC–NCL (Tabulated)

Feature	EWS	OBC–NCL
Basis of Reservation	Purely economic	Social + educational backwardness
Constitutional Provision	Article 15(6), 16(6)	Article 15(4), 16(4)
Year Introduced	2019	1992 (Mandal)
Income Limit	< ₹8 lakh (all income counted)	< ₹8 lakh (salary & farm income excluded)
Caste Requirement	No caste requirement	Must belong to OBC caste list
Excluded Categories	SC/ST/OBC	Only OBC creamy layer
Asset Criteria	Strict and mandatory	No asset-based exclusion
% Reservation	10%	27%
Social Justice Basis	No	Yes

5. Legal and Supreme Court Judgments

5.1 Major Judgments on OBC Reservation

1. Indra Sawhney v. Union of India (1992)

• Upheld 27% OBC reservation
• Introduced Creamy Layer exclusion
• Capped total reservation at 50%

2. M. Nagaraj v. Union of India (2006)

• Strengthened backward class criteria

3. Ashoka Kumar Thakur v. Union of India (2008)

• Upheld OBC reservation in higher education
• Emphasized Creamy Layer necessity

5.2 Major Judgments on EWS

1. Janhit Abhiyan v. Union of India (2022)

Key outcomes:

• Upheld 10% EWS reservation
• Ruled that economic criteria alone is constitutionally valid
• Permitting reservation beyond 50% cap does not violate basic structure

Two dissenting judges argued:

• Excluding SC/ST/OBC from EWS may violate equality
• Breaching 50% cap may distort reservation framework

However, the 3:2 majority upheld the amendment.

6. Current Debates and Criticisms

6.1 Criticisms of EWS

1. ₹8 lakh limit considered too high
   Many experts argue that 8 lakh represents the top 10–15% income bracket, not the poorest.
2. Asset criteria difficult to verify
   Especially in rural districts.
3. Exclusion of SC/ST/OBC from EWS
   Critics say poverty exists in all castes.

6.2 Criticisms of OBC–NCL

1. Poor awareness leads to low application rates
   Many eligible people don’t apply due to documentation hurdles.
2. Creamy Layer criteria outdated
   The income limit has not increased proportionally to inflation.
3. Dominance of certain OBC sub-castes
   Many smaller OBC groups are underrepresented even within OBC quota.

7. Impact on Government Jobs and College Admissions

7.1 Impact of EWS

• Has opened new opportunities for economically poor general-category groups.
• Competition ratio still high due to limited seats.
• Many institutions have difficulty implementing the 10% quota without increasing overall seats.

7.2 Impact of OBC–NCL

• OBC–NCL candidates get 27% reservation in central government jobs.
• They also get benefits in:
  • JEE Main & Advanced
  • NEET UG & PG
  • UPSC
  • SSC
  • Banking exams
• Despite this, representation varies across sectors; some elite institutions see low OBC representation.

8. Documents Required

8.1 EWS Certificate Documents

• Income certificate
• Land/asset documents
• Residential proof
• Aadhaar, PAN
• Declaration form

8.2 OBC–NCL Certificate Documents

• Caste certificate (state & central list confirmation)
• Income certificate
• Parental occupation details
• Non-creamy layer affidavit

9. Conclusion

EWS and OBC–NCL represent two different philosophies of affirmative action:

• EWS focuses solely on economic disadvantage.
• OBC–NCL addresses historical social injustice combined with present economic/occupational backwardness.

Both systems attempt to create a more equitable society, yet each faces operational, constitutional, and socio-political challenges.

Understanding their differences is crucial for correct application in competitive exams, job recruitment, and higher education admissions.

10. Reference Sources (Authentic Government & Legal Sources)

Constitutional & Legal Documents

1. Constitution of India – Articles 15 & 16
   https://legislative.gov.in/constitution-of-india
2. 103rd Constitutional Amendment Act, 2019
   https://egazette.gov.in
   (Search: “Constitution 103rd Amendment 2019”)
3. Indra Sawhney v. Union of India (1992) – Supreme Court Judgment
   https://main.sci.gov.in
   (Search in judgments: “Indra Sawhney 1992”)
4. Janhit Abhiyan v. Union of India (2022) – EWS Judgment
   https://main.sci.gov.in
   (Search: “Janhit Abhiyan 2022 EWS judgment”)

Government Notifications and Orders

5. DoPT OM No. 36039/1/2019 – EWS Reservation Guidelines
   https://dopt.gov.in
   (Search: “EWS reservation OM 36039/1/2019”)
6. DoPT OM No. 36012/22/93 – OBC Creamy Layer Guidelines
   https://dopt.gov.in
   (Search: “OBC creamy layer 36012/22/93”)
7. Central List of OBCs (NCBC Official Portal)
   https://ncbc.nic.in
   (Navigate: Central List → State-wise list)

Reports & Commissions

8. Report of the Second Backward Classes Commission (Mandal Commission Report, 1980)
   https://archive.org/details/MandalCommissionReport
   (Digital archive of the original Mandal Commission report)

Parliamentary Debates & Government Records

9. Rajya Sabha Debates on 103rd Constitutional Amendment
   https://rajyasabha.nic.in
   (Search Parliament Debates → 2019 → 103rd Amendment discussions)
10. Lok Sabha Debates on EWS and Reservation Policies
    https://loksabha.nic.in
    (Search: Debates → Reservation → 2019)

Additional Official Sources

11. Press Information Bureau (PIB) clarification on EWS Criteria
    https://pib.gov.in
    (Search: “EWS 10% reservation clarification”)
12. Ministry of Social Justice & Empowerment – OBC Policy Documents
    https://socialjustice.gov.in
    (Navigate: Backward Classes → Documents)