News Highlight
The Supreme Court said it would begin hearing a batch of pleas on the constitutional validity of the government’s decision to grant 10% reservation to the Economically Weaker Sections (EWS) in admissions and jobs.
Key Takeaway
- Most petitions challenge the validity of the 103rd Constitutional Amendment Act, 2019, which provides a quota for EWS category candidates.
- The 103rd Constitutional Amendment provides the 10% reservation to economically weaker sections (EWS) of society in government jobs and educational institutions.
- The petitioners argue that granting a reservation purely on economic grounds violates the Constitution’s basic structure.
Constitutional provisions related to reservations.
- The Preamble:
- The Preamble advocates “social, economic, and political fairness.” The goal is to create a society that is free of discrimination. It entails giving priority to the weaker members of the community.
- Part XVI of the Constitution:
- It deals with reserving the Scheduled Castes (SCs) and Scheduled Tribes (STs) in the central and state legislatures.
- Articles 15(4) and 16(4):
- It allowed state and central governments to set reservation seats in government services for members of the SC and ST communities.
- Articles 330 and 332:
- It provides particular representation in the Parliament and State Legislative Assemblies by reserving seats for SCs and STs.
- Article 243D:
- Under it, every panchayat is required by Article 243D to reserve seats for SCs and STs.
- Article 233T:
- Under it, every municipality is required by Article 233T to reserve seats for SCs and STs.
Reservation on economic grounds
- The 103rd Constitutional Amendment Act of 2019 provides for a 10% reservation on government jobs and educational institutions to EWS among those who are not covered under any reservation plan.
- Qualification Criteria:
- Whose entire family’s annual income is less than Rs. 8 lakhs.
- Don’t have more than 5 acres of farmland.
- Do not own a residential apartment with a square footage of 1000 square feet or more.
- Do not own a residential plot with a size of 100 yards or more in notified municipalities or 200 yards or more in non-notified municipalities.
The arguments for reservation on economic grounds
- Constitutional mandate:
- Article 46 of the constitution provides that the state shall promote the educational and economic interests of the weaker section of society with special care.
- Need for new deprivation assessment criteria:
- The Supreme Court in Ram Singh vs Union of India (2015) held that social deficiencies might exist beyond caste(example-economic status, gender identity, etc.).
- Therefore, need to move away from the caste-centric definition of backwardness to let the list be dynamic, and the most distressed can benefit.
- Castles society:
- Reservation based on the economic background may pave the way for a casteless society, which was initially the purpose of Dr. Ambedkar’s reservation system.
The arguments against reservation on economic grounds
- To undo historical injustice:
- Caste-based reservation is necessary for India because of historical negligence and injustice caused to those backward communities.
- Judicial review:
- In the Indra Sawhney case, the Supreme Court denied reservation based on economic criteria.
- Breaches Reservation Cap:
- In the Indira Sawhney case in 1992, the nine-judge Constitution bench put a cap of 50%.
- The EWS quota breaches this limit without even putting this issue into consideration.
Commissions Related to Reservations
- Mandal Commission:
- In exercise of the powers conferred by Article 340 of the Constitution, the President appointed a backward class commission in December 1978 under the chairmanship of B. P. Mandal.
- The commission was formed to determine the criteria for defining India’s “socially and educationally backward classes” and to recommend steps to be taken for the advancement of those classes.
- The Mandal Commission concluded that India’s population consisted of approximately 52 per cent OBCs, and therefore 27% of government jobs should be reserved for them.
- The commission has developed eleven indicators of social, educational, and economic backwardness.
- Apart from identifying backward classes among Hindus, the Commission has also identified backward classes among non-Hindus (e.g., Muslims, Sikhs, Christians, and Buddhists).
- It has generated an all-India other backward classes (OBC) list of 3,743 castes and a more underprivileged “depressed backward classes” list of 2,108 castes.
- SR Sinho Commission:
- Reservations in government positions and education should be granted to the poor in general, and a constitutional amendment is required to do so.
- The panel found that non-income taxpayers in the general group were economically backward, comparable to OBCs.
- Economically backward children should be entitled to subsidised health care and government housing assistance, as well as soft loans for higher education, scholarships, and coaching for central and state civil service tests.
- The commission proposed the establishment of a National Commission to provide financial assistance to EBCs.
Pic Courtesy: The Leaflet
Content Source: The Hindu