38.6c New Delhi, India, Tuesday, June 25, 2024
Legislative Corner

Lok Sabha Passes 10 % Quota Bill To Provide Reservation To Economically Backward [Read Bill]

By LawStreet News Network      09 January, 2019 12:00 AM      0 Comments
Lok Sabha Passes 10 % Quota Bill To Provide Reservation To Economically Backward [Read Bill]

The Lok Sabha on January 8, 2019, passed The Constitution (One hundred and twenty-fourth amendment) Bill, 2019, to provide 10% quota in employment and education for the general category candidates who belong to the economically weaker sections.

The Bill introduced by Minister of Social Justice and Empowerment Thawar Chand Gehlot was cleared by the majority of the members (319) voting for it, and four against.

The Bill proposed to provide economic reservation in jobs and education by inserting clause (6) in Articles 15 and 16 of the Constitution of India.

Article 15(6) will enable state to make special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) of the Article. The special provisions will relate to the 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. The upper limit of reservation will be ten percent, which will be in addition to the existing reservations.

To provide reservation in public employment, the proposed Article 16(6) enables State to make provision for reservation in 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 reservations, subject to a maximum of ten percent.

As per the Bill, the term “Economically weaker sections” for the purposes of Articles 15 and 16 mean such sections as notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.

The Bill introduced on the last day of the winter session was questioned by the opposition for its timing and haste with which the government introduced the Bill.

Congress member K.V. Thomas said the Centre was hasty in introducing the Bill and accused it of bringing it in with an eye on the general election. Accusing the Centre of "butchering democracy" and saying that there was no time to even read the Bill fully. He said the Congress was not opposed to the Bill but wanted the measure sent to a Joint Parliamentary Committee.

As per the statement of objects and reasons of the Bill, 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. Therefore, there is a need to amend the constitution to give them a fair chance of getting higher education and public employment, so as to fulfil the mandate of Article 46 of the Constitution of India.

The Rajya Sabha will take up the Bill on January 9, 2019, and if passed the Bill will change the basic structure to provide for reservation up to 60%.

A nine-judge Bench judgment of the Supreme Court in Indira Sawhney and others v. Union of India had capped the upper limit of reservation at 50% stating that “Reservation being extreme form of protective measure or affirmative action it should be confined to minority of seats. Even though the Constitution does not lay down any specific bar but the constitutional philosophy being against proportional equality the principle of balancing equality ordains reservation, of any manner, not to exceed 50%.”



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

kejriwal-moves-sc-against-delhi-hc-order-blocking-his-release-in-liquor-policy-case-plea-seeking-urgent-hearing-likely-to-be-mentioned-today
Trending Judiciary
Kejriwal moves SC against Delhi HC order blocking his release in Liquor Policy case; plea seeking urgent hearing likely to be mentioned today

Kejriwal moves SC against Delhi HC order halting his bail in liquor policy case; urgent hearing plea likely to be mentioned today.

24 June, 2024 10:47 AM
uapa-tribunal-confirms-ban-upon-two-jk-outfits
Trending Executive
UAPA Tribunal confirms ban upon two J&K outfits

UAPA Tribunal confirms ban on ‘Muslim League J&K’ and ‘Tehreek-e-Hurriyat J&K’ for secessionist activities under Section 3(1) of the anti-terror law.

24 June, 2024 11:10 AM

TOP STORIES

mk-stalin-urges-amit-shah-to-withdraw-new-criminal-laws
Trending Executive
MK Stalin Urges Amit Shah to Withdraw New Criminal Laws

Tamil Nadu CM Stalin urges Home Minister Amit Shah to withdraw new criminal laws, citing lack of consultation and fundamental errors in the enactments.

19 June, 2024 11:16 AM
calcutta-hc-mandates-reservation-for-transgenders-in-west-bengal-public-employment
Trending Judiciary
Calcutta HC mandates 1% reservation for transgenders in West Bengal Public Employment [Read Order]

Calcutta HC directs 1% reservation for transgenders in West Bengal public employment, ensuring equal opportunities and implementing Supreme Court’s 2014 mandate.

19 June, 2024 11:33 AM
supreme-court-to-organise-special-lok-adalat-from-july-to-aug-to-mark-its-th-anniversary
Trending Judiciary
Supreme Court to organise Special Lok Adalat from July 29 to Aug 03, to mark its 75th anniversary [Read Press Release]

Supreme Court to organize Special Lok Adalat from July 29 to August 03 to facilitate amicable settlements of pending cases, marking its 75th anniversary.

19 June, 2024 11:50 AM
post-office-act-comes-into-force-repeals-year-old-legislation
Trending News Updates
Post Office Act 2023 comes into force, repeals 125 year old legislation [Read New Post Office Act]

India enacts the Post Office Act 2023, replacing the 125-year-old Indian Post Office Act of 1898, to modernize and regulate postal services.

19 June, 2024 12:29 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email