News Highlight
A five-judge Constitution bench is hearing petitions challenging the 103rd amendment.
Key Takeaway
- The petition challenge is questioning submissions that the 103rd Constitution amendment provides reservation to economically weaker sections (EWS).
The 103rd Constitutional Amendment
- 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 1000 square feet or more square footage.
- 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 considering this issue.
- It undermines structural inequality:
- Reservation addresses structural inequality and is not a means to become financially welloff.
- The purpose of reservation is to provide representation or empowerment to classes of people who were historically denied access to education and employment.
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.
Content Source: The Hindu