38.6c New Delhi, India, Thursday, May 23, 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

supreme-court-dismisses-plea-for-review-of-judgment-on-article-370
Trending Judiciary
Supreme Court dismisses plea for review of judgment on Article 370 [Read Order]

SC dismisses petitions challenging its ruling on Article 370, affirming the Centre's decision to revoke J&K's special status and create two Union Territories.

22 May, 2024 12:55 PM
manish-sisodia-bail-court-cites-great-betrayal-of-democratic-principles-in-liquor-policy-case
Trending Judiciary
Manish Sisodia Bail: Court Cites "Great Betrayal of Democratic Principles" in Liquor Policy Case

Delhi HC rejects Manish Sisodia's bail plea in the liquor policy scam case, calling his conduct a "great betrayal of democratic principles" and a misuse of power.

22 May, 2024 01:11 PM

TOP STORIES

ed-to-seek-court-nod-for-custody-of-accused-if-not-arrested-till-cognisance-of-complaint-sc
Trending Judiciary
ED to seek court nod for custody of accused, if not arrested till cognisance of complaint: SC [Read Judgment]

The Supreme Court ruled that the Enforcement Directorate must seek court approval for custody of an accused if not arrested before the court takes cognizance of a complaint.

17 May, 2024 01:38 PM
fundamental-right-to-health-includes-consumers-right-to-be-made-aware-of-quality-of-products-sc
Trending Judiciary
Fundamental right to health includes consumers' right to be made aware of quality of products: SC [Read Order]

Right to health includes consumers' right to know product quality. Advertisers must submit self-declarations for ads to ensure transparency and accountability: SC

17 May, 2024 01:43 PM
sc-asks-ed-to-file-response-to-sorens-plea-for-interim-on-may-20
Trending Judiciary
SC asks ED to file response to Soren's plea for interim on May 20

SC asks ED to file a response by May 20 to Hemant Soren's plea for interim bail during Lok Sabha elections, with a hearing scheduled for May 21.

17 May, 2024 06:12 PM
sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email