10% reservation on economic basis
On January 8, the Central Government introduced a Constitution Amendment Bill giving 10 percent reservation to the poor for the Lok Sabha. For this, the government has increased the session of the Rajya Sabha. This reservation will be available to the people of all the economically backward communities. Behind the Government’s decision, political analysts are assessing the recent elections for the three state assemblies. In the center, the ruling BJP believes that due to the anger of the upper castes, they lost in these elections; And this verdict is being seen as an effort to turn the attitude of the upper caste to its own.
What is the purpose of this reservation?
The purpose of reservation is to ensure the participation of every class in the field of education, government jobs, elections and welfare schemes in the central and state.
Who is considered economically backward?
Family income less than 8 lakh rupees annually
This is the limit of the creamy layer applied in the OBC reservation
Whose agricultural land is less than five acres
Residential house less than one thousand square feet
Plot less than 100 yards in notified municipality
Residential plot limit in non-notified municipal area is 200 yards
What is the reservation system for the moment?
Under current law, there is a provision of 49.5 per cent reservation. In this, the Scheduled Castes (SC) are given 15 per cent, Scheduled Tribe (ST), 7.5 per cent and OBC 27 per cent reservation.
Reservation and division commission
In 1979, the Central Government, on the issue of reservations, former Bihar Chief Minister BP Under the chairmanship of the Mandal, the 6-member Backward Class Commission was constituted. This commission gave its report in 1980. Mandal Commission formed the basis of the report for the caste census of 1931 to form caste in the form of reservation. It included 3743 castes and communities, which were suggested to give 27 percent reservation as OBC status. On August 13, 1990, on the basis of the recommendations of the Commission, notification of 27 percent reservation in government jobs for backward classes was issued. The matter reached the Supreme Court among all the opposition, where the Constitutional Bench with 9 judges finally upheld the decision of the Mandal Commission’s recommendations on November 16, 1992. After this, the Central Government on September 8,
Constitution amendment proposal
The Government has proposed amendment to Article 15 and 16 of the Constitution through the Constitution Amendment Bill to Provide Reservation to Economic Weaker Section 2018 for this financially vulnerable category. This is the 124th Constitution Amendment Bill.
Article 15 and 16 of the Constitution
Article 15 gives equal rights to all citizens. According to Article 15 (1), the state will not make any difference to any citizen on the basis of religion, ethnicity, caste, gender, birthplace or any of them. In Article 15 (4) and 15 (5), special provisions have been made for social and educationally backward classes or scheduled castes and tribes. But here the economic term has not been used anywhere . Therefore, in order to give reservation to the upper castes, the government will need a constitution amendment to add economically weaker words to this article .
Article 16 talks about providing equal opportunities in government jobs and services. But in the 16 (4) 16 (4) (a), 16 (4) (b) and Article 16 (5), the state has been empowered to give reservation to any sections of backward people in government jobs. There is nowhere to mention the economic word. Therefore, in order to give reservation to the poor class, the government has to amend these two paragraphs of the Constitution.
The Supreme Court has gone several times in the case of reservation
Smt. Champakum (1951): In 1921, Madras Presidency issued a caste government order, 44 percent for non-Brahmins, 16 percent for Brahmins, 16 percent for Muslims, 16 percent for Anglo-Indians / Christians and Scheduled Eight percent reservation was given for the castes. This order was challenged in 1951 and the Supreme Court declared it unconstitutional.
MR Balaji (1963): In this case of 1963, the Supreme Court ruled that the classification of backward classes was unconstitutional. The person’s caste can not be the only criterion for determining whether a particular class is a backward class or not. To determine this, financial condition, poverty, occupation, housing, etc. should also be addressed.
- Devdasan (1963): Inthis regard, the Supreme Court dismissed an order of government in the Balaji v. Mysore State case more than necessary, in 1963. It provided reservation of 68 percent for Scheduled Castes, Scheduled Tribes and Other Backward Classes. The Supreme Court gave the order that the total reservation limit should not exceed 50 per cent.
Indira Sahni (1992):The verdict of the Supreme Court given in this case on the issue of reservation is considered as a milestone. Supreme Court upheld the implementation of separate reservation for other backward classes in central government jobs in this case. In this case, it was arranged for the first time that reservation in promotion for Scheduled Castes, Scheduled Tribes officers and employees would not be permissible. Parliament considered this and amended 77th amendment in the Constitution. In this amendment the provision was made that the State Government and the Central Government have the right to give reservations in promotions. But this case again went to the Supreme Court. Then the court gave the arrangement that reservations can be made, But seniority will not be found. After this, the 85th constitutional amendment was made and it was said that the resultant seniority would also be given. In this case, the Constitutional Bench of 11 judges in the Supreme Court did not consider reservation in promotion for government services for Scheduled Caste and Scheduled Tribe under Article 16 (4) of the Constitution and ordered that the reservation in promotions to these sections would be only next It is only for 5 years
- Nagraj (2006):In this matter, the 77th and 85th constitutional amendments in the Supreme Court were challenged by candidates of general category. The court considered these constitutional amendments in its decision as right, but also said that if the government wants to give reservation to the Scheduled Castes and Scheduled Tribes in the promotion, then for this they should be given the backwardness of these sections, inadequate representation in the state services and the government In order to influence the efficiency of the work, the basis should be laid by gathering the data. If the state government and the central government have to give reservation in the promotion, then there are three things to be taken care of – 1. Are the people of these classes still backward or not? 2. Is there an active representation in the services of people of this class or not? 3. If reservation is given to Scheduled Castes, Tribal Officers and employees in promotion, then it must also be seen that the administration will not have adverse effects?
The issue of reservation in government services to economically weaker sections is not new. But this is the first time that the financial status of a class has been linked to the reservation. So far, whatever reservation and reservation is being given in the country, there is no scale in the economic base. Indeed, reservation is considered as a ‘tool’ to empower Dalits, Adivasis and other Backward Classes and to give them social status. Reservation has never been considered as a ‘tool’ to remove economic backwardness. Now the government has taken a new initiative in this direction, then this step will be considered as fulfilling the long standing demand of a large section of society.