Reservation in India – All You Need To Know

Reservation in India – The Present

Reservation is one of the tools against social oppression and injustice against certain classes. Otherwise known as affirmative action, reservation helps in uplifting backward classes.

However, reservation is just one of the methods for social upliftment. There are many other methods like providing scholarships, funds, coachings, and other welfare schemes.

Indian Constitution allowed reservation only for socially and educationally backward classes.

However, in India, it became caste-based reservation instead of class-based reservation. 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 way reservation is implemented and executed in India is largely governed by vote-bank politics.

At present, 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 59.5%.

7.5%, 15%, and 27% quotas are reserved for Scheduled Tribes, Scheduled Castes, and Other Backward Classes respectively.

If the EWS Quota Bill becomes an Act, only 40.5% of seats will be allocated in educational institutions/jobs based on the merit of candidates

Economically weaker sections and reservations in India

In 1992, the Narasimha Rao led Congress Government at the centre had proposed a 10 per cent reservation based on economic status.

However, Indira Sawhney and others vs Union of India’ judgement struck down the move and also put a cap on reservations not exceeding 50 per cent.

The court noted that ‘backward classes’ as identified in the Constitution can only be decided on the basis of caste and not economic criterion.

“Reservation for backward class seeks to achieve the social purpose of sharing in services which had been monopolised by few of the forward classes,” it said

In 2008 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 still pending in the Supreme Court.

 In 2011, the then chief minister of Uttar Pradesh,BSP Govt led by Mayavati had written to the central government asking for reservation for the economically weak among the upper castes.

Further, in 2008 and again in 2015 the Rajasthan Legislative Assembly passed bills for a 14 per cent quota for the poor among the upper castes

 However, none of these attempts have met with success yet. Given the historical background of reservations in India,

The Narendra Modi led NDA Govt 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

Constitution 124th Amendment Bill, 2019 provides ten per cent reservation to the economically weaker sections (EWS) in the General category.

The reservation of EWS of general category will be given without tampering the existing quotas for SC, ST and OBCs people.

Amendment to Article 15 (Reservation in Educational Institutions)

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.

Amendment to Article 16 (Reservation in Jobs)

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.”.

Who comes under the “Economically Weaker Sections”?

 

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 (OBCs).

EWS Quota bill in Lok Sabha

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.

EWS Quota bill in Rajya Sabha

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.

The EWS Quota Bill Gets President’s assent, becomes Act

As both houses of the Parliament has passed the Constitution 124th (Amendment) Bill, 2019, it was sent to the President Ram Nath Kovind who gave his assent to a bill on 12-01-2019.

The legislation will now be known as the Constitution (103rd Amendment) Act, 2019.

Does the bill need the approval of more than 50% state assemblies?

The bill does not need the approval of State Assemblies.