In India, the society has different sectors and sections of people. The sectors are based on different criteria such as caste, creed and economy. The constitution of India provides for reservations for many sections of the society, the reservations are for promoting the welfare of them. In ancient times, many castes suffered discrimination and were not able to get equal opportunities. Keeping this in mind, the Constitution provides for reservation of them for education, job etc.
In year 2018, an amendment was done for providing such reservations. The “Economically weaker Section” which means the section of society who is deprived of enjoying rights and getting opportunities due to their weak economic conditions. The people who are below the poverty or line or in such a condition that they have the potential but lack of money is stopping them from using it. The Amendment is 103rd amendment to the Constitution
103rd Amendment of the Constitution
The124th Amendment Bill which became the 103rd Amendment Act received accent of the president in the year 2108. The amendment focuses on providing 10% reservation to economically weaker section. The reservation is for educational basis, central and state governmental jobs. All the competitive exams that take place, will receive reserve 10% seats for economically weaker section. The criteria for looking upon this section is:
1) Having an annual income of less than 8 lakhs
2) Having a house in a town of less than 1000sqyare feet in town,
3) People who have less than 5 acres of farm land
Such people can register themselves for availing reservation under Economically Weaker Section quota.
The amendment bought major changes in the Articles of Fundamental Rights present in the Constitution. The changes are as follows: changes were made to article 15 and 16 of the Constitution which states that the reservation in the educational institutions, central and state governmental jobs for economically weaker section is mandatory. The clause was added because the old clauses stated about the reservations on different basis.
The reservation of this section lays an important emphasis of this weaker section. Economically weaker people are generally supressed by the people with good economic background. India being a democratic and secular country, provides justice and chances to all. This 10% can be helpful for many people to utilise their skills and fulfil their dreams.
Constitutional validity of the amendment
The amendment has many critics and has been questioned several times. Adding 10% reservation to the economic weaker section has increased the reservation to more than 50%. This is being considered as a violation of Doctrine of Basic Structure too. In the case of Indra Sawhney v Union of India, the decision of 10% reservation of the economically weaker section was struck down. The reasons were provided for the same. The government was seen as enabling “appropriate representation” but not a “proportionate representation”.
The case of Indra Sawhney also gave some of the important decisions which included quashing the 10% reservation of the econo0mically weaker section. The section of people cannot be merely divided based on their income or economic condition. The government also cannot have more than 50% reservation for different sections. This is a violation of rights of other people in the country.
Therefore, this amendment is not properly valid and has many loopholes. The constitutional validity of this amendment is not sure.
Violation by the amendment
The amendment violates many of the general principles provided by the Constitution such as equality and also breaks the ceiling of 50% reservation criteria.
Though it is important to look after the economically weaker section too bu8t, the way the government chose was not a correct one. The reservation given to the economically weaker section is a bit much and if not, then also it breaks the ceiling of 50%. Before brining this amendment, the other criteria must also have been amended. The reservations to other sections must have been lessened in order to adjust this in that 50% of the total reservation.
Another important rules that is violated is of equality. The reservation here exceeds more than 50%. Due to this, the aspirants who are of general category don’t get equal chance of having opportunities. The general public has the right to avail equal opportunity. The people with reserve action are less in number but, have higher number of percentages reserved for them. The general public is large in number and the opportunity is less. Therefore, the amendment is violative of many rules and needs much changes to make it valid for all the citizens of the country.
The amendment is not a proper one and needs validation. The economically weaker section must be provided opportunities and support too but, for this other rules and regulations cannot be violated. The economically weaker section must have the reservation and the opportunities in such a way that it does not hamper rights of other sections. The changes made in the Articles 15 and 16 must have the other alternate changes too so that the reservation does not exceed 50%. All such things need to be taken into consideration and after that, the economically weaker section can be supported in a better way.