Reservation in jobs, education: In a major move by PM Narendra Modi-led Bharatiya Janta Party government, a reservation has been announced for the economically weaker section. The reservation will be provided in both jobs (direct recruitment) and education sector. This brings an end to 17 year old demand by the people in the general category devoid of reservations. This has comes just few months before Lok Sabha polls and is a move seen by experts to attract the votes of upper castes who are downhearted by the current quota system. The move has come into being after an approval by the cabinet for a constitution amendment bill providing 10 percent reservation for economically weaker sections in direct recruitment and for admission in higher educational institutions.  Reports say the government is likely to bring a constitutional amendment bill in Parliament on Tuesday and is likely to extend the Winter Session. The quota will be over and above the existing 50 per cent reservation cap set by the Supreme Court. The Congress dubbed it a “political stunt”. Speaking to ABP News over it, BJP spokesperson Rakesh Tripathi, said "the move should be looked as class-based reservation and not caste-based reservation."

Who all will benefit?


• As per sources, the Economically Weaker Section (EWS) category shall include those with annual income below 8 lakh

• People having agricultural land below 5 acres, residential house below 1000 square feet, residential plot below 109 yards in notified municipality, residential plot below 209 yards in non notified municipality area.

• Financially poor people who do not belong to any social category (SC/ST/OBC), shall be the beneficiary of the move.

• This reservation will be extended to those belonging to the Brahmin, Thakur, Kayastha, Baniya, Jaat, Gujjar and others communities.

The same will be come into being after making an amendment in the constitution, by moving a constitutional amendment bill in the parliament; which is likely to be tabled in the parliament on Tuesday. The provision of reservation falls under Article 15,16 of the constitution.

The country has 12-14% upper castes population. The Supreme Court has capped the quota for caste-based reservation for government jobs at 50%. This is over and above the 50 percent mandated by constitution and hence constitution amendment Bill.

Also Read | Reservation for Economically Weaker Section: Here are ten things to know

Total Reservation in India – 49 and ½ percent

Scheduled Caste – 15 percent

Scheduled Tribes – 7 and ½ percent

Other Backward Class – 27 percent

Total – 49 and ½ percent

Exceeding Reservation Quota – SC

November 16, 1992 - The Supreme Court delivered its judgment in Indira Sawhney and others Vs.   Union of India and Others (AIR 1993 SC 477) holding that the total reservations under article 16 (4) should not exceed 50 per cent.

April 27, 2008 - The Supreme Court reiterated the ruling enunciated in Indra Sawhney (I) (Mandal case) that the total reservation for SC/ST and other backward classes or special categories should not exceed 50 per cent. In the Indra Sawhney case, the Supreme Court held that exclusively “economic criteria” were unconstitutional since the category of “poor” did not reflect “social backwardness”.

Constitutional Amendment

Amendments to the Constitution require a special majority of ‘two-third’ members present and voting to be passed in Parliament. Once the Bill is passed, at least half of the state assemblies have to ratify it. Once approved by the required number of state legislatures, it will be sent to the President for his assent.

Numbers in Lok Sabha

Present Strength – 523 members (As on 24/12/2018)

For Two-third majority – 348 members

BJP – 268 members

Shiv Sena – 18 members

LJP – 6 members

SAD – 4 members

Apna Dal – 2 members

Sikkim Democratic Front – 1 member

JDU – 2 members

Nationalist Democratic Progressive Party(NDPP) – 1 member

………………………

Rajya Sabha Strength

Total Seats in Rajya Sabha- 244

Two Third - 163

NDA’s strength in Rajya Sabha - 91

BJP – 73

JDU – 6

SAD – 3

Shiv Sena – 3

SDF – 1

NPF – 1

Nominated – 4


Reactions 



  • Reservation for economically backward upper castes. The bugle announcing the elections has well & truly sounded, tweets former J&K CM Omar Abdullah.

  • Reacting to the move, Delhi CM Arvind Kejriwal said: "The government should extend Parliament session and bring constitutional amendment immediately. Else it is merely an election stunt."






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