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From time to time, the Indian government has taken steps to uplift the underprivileged sections of society. The government introduced the 124th Constitution Amendment bill (2019), which proposed amendment to Article 15 (reservation in educational institutions) and amendment to Article 16 (reservation in jobs) to provide the state power to make special provisions for the economically weaker section. 124th Constitution Amendment Bill (2019) provides for 10% reservation of the economically weaker sections (EWS) in educational institutions and employment.
The economically weaker sections are not the same as existing reservation categories: the Schedule tribe, Schedule caste, and Other Backward Class. The 10% of EWS quota is in addition to the existing reservation percentage and for those who are not covered by the present reservation criteria.
124th Constitution Amendment Bill (2019)
The 124th Constitution Amendment Bill (2019) was introduced in keeping with Article 46 of the constitution. It is under the Directive Principles of State Policy. Article 46 provides that the state should promote the educational and economic interests of the weaker section and, in particular, of the Scheduled Castes and the Scheduled Tribes and shall protect them from exploitation of all kinds including social injustice.
Economically weaker sections were not eligible for the benefit of the existing reservations unless they were also part of Schedule Tribe, Schedule Caste or Other Backward Class. Consequently, they are unable to attend higher education institutions and have low chances of employment due to their weak financial conditions. To ensure that economically weaker sections of citizens get a fair chance in education and public employment, the government introduced the 124th Constitution Amendment Bill (2019).
It was introduced in Lok Sabha on 8th January 2019, and passed on the same day. After Lok Sabha, it was introduced in the Rajya Sabha, which passed the 124th Constitutional Amendment bill (2019) on 12th January 2019. The President’s assent was received on 12th January 2019, thus making it the 103rd Constitution Amendment Act 2019.
Amendment to Article 15 (Reservation in Educational Institutions)
The 124th Constitutional Amendment bill (2019) proposed to amend two fundamental rights of the constitution, that is Article 15 and Article 16. Article 15 Prohibits any discrimination on the basis of caste, race, sex, religion, or place of birth. Clause (3),(4) and (5) of Article 15 gives the power to the state to make special provisions for the upliftment and advancement of women, children, Schedule Tribe, Schedule Caste and Other Backward Class.
The 124th Constitutional Amendment Bill (2019), added clause (6) into Article 15. It will provide the state special provisions for the advancement of any economically weaker sections of citizens other than Schedule Tribe, Schedule Caste and Other Backward class.
Amendment to Article 16 (Reservation in Jobs)
Article 16 provides for the equality of opportunity in public employment. The Existing clause (4) provides for the reservation for backward classes of society. The 124th Constitution Amendment bill (2019) introduced clause (6) to enable the state to make any special provisions to benefit the economically weaker section of the society in employment.
The clause states that this economically weaker section is different from what is mentioned in clause (4) of the article. There is a maximum reservation limit of 10%, which is in addition to the existing reservation.
People Covered Within the EWS
There is no proper definition of an economically weaker section. An explanation has been inserted in Articles 15 and 16, which states that the “Economically Weaker Section” shall be such as may be notified by the state from time to time based on family income and other indicators of economic disadvantage.
As of now, the Government of India has specified certain income and asset criteria to identify economically weaker sections. The criteria are as follows:
Persons who are not covered under the ST/SC/OBC reservation scheme.
Such a person or family with income below Rs. 8 lakhs.
Such a person or family does not own more than 5 acres of farmland.
Such a person or family with a residential flat less than 1,000 square feet.
Or residential plots less than 100 square yards in a notified municipal area.
Or residential plots less than 200 square yards other than notified municipal area.
Conclusion
Reservation was introduced as a means of uplifting the underprivileged section of the society. The previous reservation was caste-based, and left out the economically weaker section of the society. The 124th Constitutional Amendment bill (2019) aimed to bring the economically weaker section into the ambit of reservation benefits. Although the bill is challenged in the Supreme court on multiple grounds such as it exceeds the basic 50% reservation limit and the classification criteria of the economically weaker section. Whether this bill is truly beneficial for the EWS or not, we will have a clearer picture in the long run.
