Lok Sabha passes quota bill on Jan 08,2019
After more than a 10-hour long debate, the Reservation bill was finally passed unanimously by the upper house of the Parliament. Rajya Sabha on WEdnesday Jan 09,2019 approved the necessary amendments in the Constitution to allow for a 10 per cent reservation to general category poor in jobs and education
Is this idea of reservation for ‘poor forwards’ new?
No, it has been explored earlier.
* In 2008, the government of Chief Minister V S Achuthanandan in Kerala decided to reserve 10% seats in graduation and PG courses in government colleges and 7.5% seats in universities for the economically backward among the forwards. An appeal is pending in the Supreme Court of India(SCI)
* In 2011, BSP's Mayavati, then Chief Minister of Uttar Pradesh, wrote to the central government asking for reservation for upper-caste poor.
* In 2008 and 2015, the Rajasthan Assembly passed Bills to provide a 14% quota to the economically backward classes (EBCs) among the forward castes
What would it take for the quota to become reality?
It will need an amendment of Articles 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 16 (equality of opportunity in matters of public employment) of the Constitution. The amendment will have to be ratified in both Lok Sabha and Rajya Sabha, by at least two thirds of members present and voting, and by the legislatures of not less than half the states
Also, the percentage of seats that can be reserved has long been an issue in the courts. In M R Balaji And Others vs State Of Mysore (1962), the Supreme Court enunciated the principle that “speaking generally and in a broad way, a special provision should be less than 50%”, a ceiling that it reiterated in its Mandal judgment (Indra Sawhney Etc vs Union Of India And Others (1992)) and on several other occasions. The proposed 10% poor forward quota will take the reservation ceiling higher than 50%. Reservation in Tamil Nadu, which is 69% of the total, is protected from judicial review by the Ninth Schedule; however, the Supreme Court, in I R Coelho v State of Tamil Nadu (2007), has ruled that laws that violate the basic structure of the Constitution would be open to judicial review, including any law added to the Ninth Schedule after April 24, 1973.
There is a strong likelihood that the proposed 10% quota will be challenged inSCI
After more than a 10-hour long debate, the Reservation bill was finally passed unanimously by the upper house of the Parliament. Rajya Sabha on WEdnesday Jan 09,2019 approved the necessary amendments in the Constitution to allow for a 10 per cent reservation to general category poor in jobs and education
Is this idea of reservation for ‘poor forwards’ new?
No, it has been explored earlier.
* In 2008, the government of Chief Minister V S Achuthanandan in Kerala decided to reserve 10% seats in graduation and PG courses in government colleges and 7.5% seats in universities for the economically backward among the forwards. An appeal is pending in the Supreme Court of India(SCI)
* In 2011, BSP's Mayavati, then Chief Minister of Uttar Pradesh, wrote to the central government asking for reservation for upper-caste poor.
* In 2008 and 2015, the Rajasthan Assembly passed Bills to provide a 14% quota to the economically backward classes (EBCs) among the forward castes
What would it take for the quota to become reality?
It will need an amendment of Articles 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 16 (equality of opportunity in matters of public employment) of the Constitution. The amendment will have to be ratified in both Lok Sabha and Rajya Sabha, by at least two thirds of members present and voting, and by the legislatures of not less than half the states
Also, the percentage of seats that can be reserved has long been an issue in the courts. In M R Balaji And Others vs State Of Mysore (1962), the Supreme Court enunciated the principle that “speaking generally and in a broad way, a special provision should be less than 50%”, a ceiling that it reiterated in its Mandal judgment (Indra Sawhney Etc vs Union Of India And Others (1992)) and on several other occasions. The proposed 10% poor forward quota will take the reservation ceiling higher than 50%. Reservation in Tamil Nadu, which is 69% of the total, is protected from judicial review by the Ninth Schedule; however, the Supreme Court, in I R Coelho v State of Tamil Nadu (2007), has ruled that laws that violate the basic structure of the Constitution would be open to judicial review, including any law added to the Ninth Schedule after April 24, 1973.
There is a strong likelihood that the proposed 10% quota will be challenged inSCI
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