Sir,
Recently Parliament passed the Constitution (124th Amendment) Bill, 2019 that enables 10 percent reservation in education and employment for economically weaker sections. Those who are covered by the existing reservation for the SC, ST and OBC are not eligible for the proposed new reservation of 10 percent. The amendment makes it clear that new reservation in public sector jobs and education in both public and private sectors will be above the existing quotas.
The Supreme Court had ruled earlier that reservation could not exceed 50 percent in historical Indra Sawhney Vs Union of India, 1992 case. In the Indra Sawhney Vs Union of India case, the court ruled that economic criteria could not be the basis for reservation. All these questions will be reopened in the new amendment.
The Government invoked the Directive Principles of State Policy contained in Article 46 to defend its proposal for the reservation to economically weaker sections. But in the Indra Sawhney judgement, the court held that the concept of weaker sections under Article 46 is different from that of the backward class of citizens in Article 16(4) and the purpose of two is also different. Moreover, in the new 10 percent reservation Bill, people earning less than Rs 8 lakh annually will be eligible for reservation. So it means the new poverty line is Rs 2190 per day.
So how they are economically backward as Indian Government stated that those who earn Rs 27 per day in villages and Rs 31 per day in cities comes under above poverty line. So the above and later parameter contradict each other. Finally, it is in the hands of Hon’ble apex court of India to check its constitutionality.
Arun Khajuria
Patel Nagar, Kathua.
Trending Now
E-Paper
Follow our WhatsApp channel