The Supreme court delivered that the union government can’t pull the ₹ 8 lakh limit for the EWS quota out of thin air

The Supreme Court asked the Union Government if it wants to revisit the limit of ₹8 lakh annual income fixed for determining the Economically Weaker Sections (EWS) category for reservation in NEET admissions for medical courses under the all-India quota. A Bench led by Justice D.Y. Chandrachud expressed its annoyance at the Government for not filing an affidavit explaining how it reached the ₹8 lakh figure to identify the EWS category for grant of reservation. The court asked the government if it would like to revisit the limit, clarifying that it is not embarking into the policy domain but is only trying to ascertain whether constitutional principles have been adhered to or not. The bench sought to know what was the exercise undertaken by the Centre for adopting these criteria. Pointing out that Rs 8 lakh was the criteria for a creamy layer for OBC reservation, the bench asked how the same criteria can be adopted for OBC and EWS categories when the latter has no social and educational backwardness. "You must have some demographic or sociological or socio-economic data. You just cannot pull out 8 lakh from thin air...you are making unequal equals by applying the Rs 8 lakh limit", Justice Chandrachud told Additional Solicitor General KM Nataraj. The bench also sought to know if the limit was over-inclusive, had considered the difference in purchasing power in urban and rural belts and if there was any method to implement it. "We make it clear that we are not entering policy but need disclosure for adhering to constitutional principles. It would be necessary for the Centre to disclose before this court the nature of exercise undertaken in accordance with Article 15(2)." In the previous hearing on October 7, the bench had asked the Centre to file an affidavit explaining the exercise undertaken to arrive at the Rs 8 lakh limit. On Thursday, the bench expressed its unhappiness that the government had not filed the reply and said it can consider staying the notification. “Please show us something. You had two weeks to file an affidavit. We can stay the notification and in the meanwhile you do something,” Justice Chandrachud told ASG Nataraj, who urged the bench not to stay the notification, adding that the draft is ready and that it will be filed in 2-3 days. The court agreed that it was a matter of policy but said it needed answers to examine its constitutionality. “We make it clear that we are not entering area of policy but need the disclosure for adhering to constitutional principles”, said the bench. “These are areas of policy but we’ll have to interfere. You will have to set your house in order. We will formulate issues.” Representing the Centre, additional solicitor general KM Nataraj assured the court that the government would file a reply, possibly in the next 2-3 days. The bench will hear the case again on October 28.