Jul 19, 2020 11:52 UTC
| Updated:
Jul 19, 2020 at 11:52 UTC
How is Reservation to Economically Weaker Section Constitutional?
The Union has introduced 124th Constitution Amendment Bill in the Parliament to provide reservation for Economically Weaker Sections (EWS) among the general category candidates. The move is to provide 10% reservation in higher education and government employment.
The Constitution (124th) Amendment Bill, 2019 provides ten per cent reservation to the economically weaker sections (EWS) in the General category. The bill facilitates reservation for EWS in direct recruitments in jobs and admission in higher educational institutions.
The reservation of EWS of general category will be given without tampering the existing quotas for SC, ST and OBCs people.
The bill is expected to benefit a huge section of upper castes including Brahmins, Rajputs (Thakurs), Jats, Marathas, Bhumihars, and several trading castes including Kapus and Kammas.
In article 15 of the Constitution, after clause (5), the following clause shall be inserted, namely:—
‘(6) Nothing in this article or sub-clause (g) of clause (1) of Article 19 or clause (2) of Article 29 shall prevent the State from making,— any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent of the total seats in each category.
In article 16 of the Constitution, after clause (5), the following clause shall be
inserted, namely:— “(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent of the posts in each category.”.
For the purposes of article 15 and article 16, “economically weaker sections” shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.’.
Union Law and Justice Minister Ravi Shankar Prasad said the states will have freedom to decide on income criterion of beneficiaries under the bill.
This will be a class distinct from the already specified classes of SCs, STs and socially and educationally backward classes (commonly categorized as Other Backward Classes).
Earlier, reservations in India account for a total of 49.5%. If the 10% extra reservation for EWS is also taken into account, it would be a total of 59.5%.
7.5%, 15%, and 27% quotas are reserved for Scheduled Tribes, Scheduled Castes, and Other Backward Classes respectively.
After the EWS Quota Bill becomes an Act, only 40.5% of seats are allocated in educational institutions/jobs based on the merit of candidates. As pointed by Supreme Court, increase in reservations can compromise the merit.
The honourable Supreme Court of India observes as “Remember, the merit quota is not reserved anyone – not even for the general category (hence the name – merit). It is open to candidates from all categories – including SC, ST, OBC, and the General category – who qualify on merit (and not because of reservation)”.
The bill needed a special majority to pass. With the support of the ruling party and opposition parties, Lok Sabha has passed the Constitution 124th Amendment Bill, on 08-01-2019, the same day it was introduced in the House.
323 members voted in favour of the bill, while three voted against it. AIADMK staged a walkout before the voting.
The Rajya Sabha too passed the Constitution (124th Amendment) Bill, 2019 on the same day it was introduced (09-01-2019). Being a constitution amendment bill, it had to be passed with a two-thirds majority in Rajya Sabha.
During division on the bill in the Rajya Sabha, 165 members voted in favour of it while seven members voted against. The motion moved by AIADMK, left parties and others to refer the bill to the Select Committee was negated.
As both houses of the Parliament has passed the Constitution 124th (Amendment) Bill, 2019, it was sent to the President of India for his assent. President Ram Nath Kovind gave his assent to a bill on 12-01-2019.
Initially, the reservation was intended only for SC/ST communities – that too for a period of 10 years (1951-1961). However, it got extended ever since. After the implementation of Mandal Commission report in 1990, the scope of the reservation was widened to include Other Backward Communities (OBCs).
The benefits of the reservation were successively enjoyed only by a few communities (or families), excluding the truly deserving ones. Even 70 years after independence, the demand for reservation has only increased.
Now, with the introduction of economic criteria for reservation, in addition to the caste-criteria which already existed, things have become more complicated.
There is no doubt that unequals should not be treated equally. However, is the current system of unequal treatment perfect? Is it creating more injustice? Is it the only way out in a welfare-nation? It’s time to introspect.
Reservation based entirely on economic criteria is not an all-in-one solution, though family income can be one of the parameters. Also, its time to fix a time period for the reservation system – rather than extending it to eternity.
Denying India, the service of the meritorious candidates, who see them being overtaken by others with lesser academic performance or brilliance, is also a crime and injustice.
Aren’t there any alternative mechanisms to uplift the marginalised so that everyone gets equal opportunities? How is affirmative action done in other countries?
Reforms in the reservation system of India is the need of the hour. However, as the subject of reservation revolves around a lot of votes, parties are reluctant to disrupt the existing system.
Reacting to the passage of the bill in Lok Sabha, Prime Minister Shree Narendra Modi said that it is a landmark moment in the nation’s history and an effective measure that ensures justice for all sections of society.
Then, Finance Minister Late Shree Arun Jaitley, building the case for the 10 per cent quota, said, “If two individuals are not equal due to birth or for economic reasons, then they cannot be treated equally. Unequals cannot be treated equally,” he said.
He further contended that the 50% cap on reservations imposed by the Supreme Court was only for caste-based reservations, and the Economically Weaker Section (EWS) reservation won’t be impacted by it.
Union Social Justice and Empowerment Minister Thaawarchand Gehlot said the similar state laws for EWS quota were quashed by Courts because there was no provision for economic reservation in the Constitution before. Now, the Law will not be struck down by the Supreme Court if challenged as it has been brought by making required provisions in the Constitution. Hence constitutional.
