Facts Explained The Constitution (124th Amendment) Bill Passed in Rajya Sabha
Facts Explained The Constitution (124th Amendment) Bill Passed in Rajya Sabha
The Lok Sabha on January 8, 2019 passed the THE CONSTITUTION (ONE HUNDRED AND TWENTY-FOURTH AMENDMENT) BILL, 2019 the bill granting a 10 percent reservation for the economically backward upper castes in government jobs and educational institutions.
The bill was passed on the last day of the winter session of the Lower House on Tuesday with 323 votes in favor and just three against.
The Rajya Sabha on Wednesday January 9, 2019 passed the Constitution (124th Amendment) Bill 2019 to provide 10 per cent reservation in jobs and educational institutions to the economically weaker sections in the general category.
The Bill, which was introduced by Union Minister of Social Justice & Empowerment Thaawarchand Gehlot, was passed with 165 votes in favor while seven voted against it.
The important facts provisions of the 124th amendment bill that is reservation for economically backward upper castes in government jobs and educational institutions.
Article 15 of the Constitution prohibits discrimination against any citizen on the grounds of race, religion, caste, sex, or place of birth. However, the government may make special provisions for the advancement of socially and educationally backward classes, or for Scheduled Castes and Scheduled Tribes. The Bill seeks to amend Article 15 to additionally permit the government to provide for the advancement of “economically weaker sections”. Further, up to 10% of seats may be reserved for such sections for admission in educational institutions. Such reservation will not apply to minority educational institutions.
Article 16 of the Constitution prohibits discrimination in employment in any government office. However, the government can allow reservation for any “backward class of citizens”, if they are not adequately represented in the services under the state. The Bill seeks to amend Article 16 to permit the government to reserve up to 10% of all posts for the “economically weaker sections” of citizens.
The reservation of up to 10% for “economically weaker sections” in educational institutions and public employment will be in addition to the existing reservation.
The central government will notify the “economically weaker sections” of citizens on the basis of family income and other indicators of economic disadvantage.
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, (a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and
(b) 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.
Explanation.—For the purposes of this article 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.
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 favor 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
The Economic Reservation will be over and above the existing 50 percent reservation to SCs, STs, and OBCs.
Who will be eligible for this reservation?
Majority upper caste Indians will become eligible for this reservation.
What are the criteria for reservation?
1-Family Income – family income of the beneficiaries below Rs 8 lakh per annum
2-the family should have a landholding of less than five acres
3-The family should not have a residential plot not measuring over 100 square yards in a notified municipality and less than 200 square yards in non-notified areas, according to the report
4-Quota seekers should also not own more than five acres of agricultural land.
Statement of Objects and Reasons of the bill
Following are the objectives of the bill
At present, the economically weaker sections of citizens have largely remained excluded from attending the higher educational institutions and public employment on account of
Their financial incapacity to compete with the persons who are economically more privileged. The benefits of existing reservations under clauses (4) and (5) of article 15 and clause (4) of article 16 are generally unavailable to them unless they meet the specific criteria of social and educational backwardness.
2. The directive principles of State policy contained in article 46 of the Constitution enjoins that the State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
3. Vide the Constitution (Ninety-third Amendment) Act, 2005, clause (5) was inserted in article 15 of the Constitution which enables the State to make special provision for the
advancement of any socially and educationally backward classes of citizens, or for the Scheduled Castes or the Scheduled Tribes, in relation to their admission in higher educational
institutions. Similarly, clause (4) of article 16 of the Constitution enables the State to make special provision for the reservation of appointments or posts in favor of any backward
class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
4. However, economically weaker sections of citizens were not eligible for the benefit of reservation. With a view to fulfil the mandate of article 46, and to ensure that economically
weaker sections of citizens to get a fair chance of receiving higher education and participation in employment in the services of the State, it has been decided to amend the Constitution of
India.
5. Accordingly, the Constitution (One Hundred and Twenty-fourth Amendment) Bill, 2019 provides for reservation for the economically weaker sections of society in higher
educational institutions, including private institutions whether aided or unaided by the State other than the minority educational institutions referred to in article 30 of the
constitution and also provides for reservation for them in posts in initial appointment in services under the State.
6. The Bill seeks to achieve the above objects
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Thursday, January 10, 2019
Tags – Economic Reservation Upper Caste Constitution Amendment 124 Explained Facts
