The Quota for Economic Weaker Sections
This decision came as an act ‘the Constitution
(103rd Amendment) Act, which provides 10% reservation in government
jobs and educational institutions for economically backward in the unreserved
or general category.
However, the court refused to pass any interim order to stay or hamper
the implementation of the Constitution
(103rd Amendment) Act.
They lacked opportunities to grow, and
these things socially made them backward. So, when constitution was
written, their ill-treatment was kept in mind.
People who are from general category have to score higher in competitive examinations, and pay more money as the concession is given to backward classes to bring them to the level of equality.
Who will be provided reservation and
how?
The Bill has brought the change- the Constitution (103 Amendment) Act, 2019
The legislation was to be known as the
Constitution (103 Amendment) Act, 2019 and it came into implementation when the Centre or central government notified it.
The 10% reservation will be in addition to the
existing cap of 50% reservation for the Scheduled Castes, Scheduled Tribes and
the Other Backward Classes, taking the total reservation to 60%.
The government announced a decision to
provide ten per cent reservation in jobs and higher
education for those belonging to the economically backward sections of the
general category.
The Supreme Court on 11TH March, 2019 said that it was
not in the favour of passing an order that provides 10 per cent reservation in
education and jobs to the economically weaker section (EWS) across all classes
to a Constitution bench.
Supreme Court to
decide on March 28 if it needs to be sent to Constitution bench for further
decision.
A look Back on Quotas and Controversies
What is Quota or reserved category?
Quotas are reserved seats for availing
benefits in government jobs, institutions and benefits. When India got her
independence, the society was divided into casts and different segments.
Some people were treated as
untouchables on the basis of the surname they carried for generation due to
inhumane cast practices.
The quota was initially was applied for
backward classes for a couple of decades until they were accepted socially
equal in society. The quota was not removed, and there were reasons for
that.
However, one thing should be considered
here, that the quota was given on the basis of ‘social backwardness’ not on
economic basis.
The change in Quota system
The bill was introduced in Lok Sabha
and was passed in January 2019, as there was discontentment among a section of
society who was not socially backward but economically strained.
President Ram Nath Kovind gave his
assent (saying yes) to the bill- the Constitution (103 Amendment) Act, 2019 for
providing 10% reservation in jobs and educational institutions to the
economically weaker sections in the general category.
Constitutionally citizens are divided
into certain categories, and general category did not get any benefit as
citizens from reserved categories enjoyed certain privileges.
The Need for Reservation of
Economically Weaker People
People who are from general category have to score higher in competitive examinations, and pay more money as the concession is given to backward classes to bring them to the level of equality.
This has been a reason of discard among
communities. People did not know about quota often and they related this to
economic conditions.
As per the reports, those with
annual family income below Rs 8 lakhs and owning less than five acres
of land will be provided reservations.
This 10% reservation would be over and
above the existing 50 per cent reservation.
Or in easy way -It provides
reservation for:
· People who have an annual income of less than Rs.8
lakhs.
· People who own less than five acres of farm land.
· People who have a house lesser than 1,000 sq feet
in a town (or 100 sq yard in a notified municipal area).
The Bill has brought the change- the Constitution (103 Amendment) Act, 2019
It is evident that as per the
constitutional guidelines the quota for economic weaker section was not
possible, until the amendment was done in the constitution. However, the
parliament holds the supreme authority to make law.
Fundamental Rights are amended
124th Constitutional Amendment Bill or the
Constitution (103 Amendment) Act, 2019 has amended two
fundamental rights:
1.Article
15, which prohibits discrimination on the grounds of race, religion, caste, sex
or place of birth
2. Article
16 which prohibits discrimination in employment in government office.
3.
It also makes a note of the Article 46,
which asks the government to promote the educational and economic interests of
the weaker sections of the society.
The 124th Amendment makes a departure by extending
reservation to the economically disadvantaged. Article 15(4), inserted by the
First Amendment in 1951, enables the state to make special provisions for
socially and educationally backward classes.
Article 16(4) permits reservation for any backward
class if it is not adequately represented in services under the state.
Thus, reservation is not a right but, if granted,
it will not be considered a violation of the right to equality.
The Violation of Supreme Court’s
Judgments
At present order of the government to
provide reservations violates some of the observations made by the Supreme
Court in its previous judgments.
In the landmark verdict of Supreme Court
in the Mandal case, the Supreme Court had held that the proposal to provide 10%
Reservation for Other economically backward sections of the people who are not
covered by any of the existing schemes of Reservation as constitutionally
invalid.
The Supreme Court had held that mere
economic backwardness or mere educational backwardness which is not the result
of social backwardness cannot be the criterion of backwardness in Article 16
(4).
The Supreme Court has even ruled in the
Indra Sawhney case that the share of jobs or educational or legislative seats
reserved for different communities cannot together exceed 50%.
In Kesavananda Bharati (1973), the Supreme Court
held that Parliament can amend the Constitution but does not have power to
destroy it — no amendment can change its “basic structure”. The court said that
under Article 368, something must remain of the original Constitution that the
new amendment would amend.
However, the court did not define what basic
structure is, and only listed a few principles — federalism, secularism,
democracy — as being part of basic structure. Since then, the court has been
adding new features to the concept of basic structure. In subsequent years,
courts extended the doctrine even to ordinary legislation and executive
actions.
There are states like Tamil Nadu that go beyond
this limit and the Supreme Court has upheld the state’s policy many a time.
Presently, the state has a ‘69 per cent quota system’.
From the Poona Pact (1932) between M K Gandhi and
Dr B R Ambedkar to the Constituent Assembly debates, reservation was talked
about in the context of social backwardness of classes.
Article 46 and the General Category
Article 46, which is a non-justiciable Directive
Principles say that the state shall promote educational and economic interests
of “weaker sections”, in particular SCs and STs, and protect them from “social
injustices” and “all forms of exploitation”.
While the 124th Amendment mentions Article 46 in
its statement and objects, it seems the government overlooked the fact that
upper castes neither face social injustice nor are subjected to any form of
exploitation.
Moreover, the Constitution makes provisions for
commissions to look into matters relating to implementation of constitutional
safeguards for Scheduled Castes (Article 338), Scheduled Tribes (338A) and
Socially and Educationally Backward Classes (339), but has not created any
commission for the economically backward classes.
Conclusion
The case is complicated and the government is directed
in the Directive Principles of State Policies to up lift the weaker sections of
society. When the time changes, the weakness can also change- that’s why the
provision of amendment was included in the Constitution.
Weaker sections need more support, but quota has
often been linked to the vote bank politics.
Even when the bill has been passed and signed by
the president, the court can judicial review the amendment.
In this case, the court has to examine the equality
code of the Constitution and whether the state has considered and valued the
circumstances justifying it, to make reservation. This would require that the
state’s decision is rational and non-arbitrary.
The state has to show quantifiable data to satisfy
the court as to inadequacy of representation of economically backward classes.
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