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‘It is up to States to provide 10% quota’
Why in news?
- The Centre recently informed SC that it would be the States’ prerogative to provide 10% economic reservation in government jobs and admission to education institutions.
More in news
- Writ Petition was Filed in SC mentioned: Economic reservation law was not being implemented in Tamil Nadu and Karnataka.
- Centre’s Response to the Petition:
(1) “Whether or not to provide reservation to the economically weaker section in appointment to State government jobs and admission to State government educational institutions, as per provisions of the newly inserted Articles 15(6) and 16(6) of the Constitution, is to be decided by the State government concerned,” the Centre said in an affidavit.
(2) Department of Social Justice and Empowerment “has no role in deciding the reservation policy of any State government”.
- Who belong to Economically Weaker Section:
(1) As per the notification issued by the Department of Personnel and Training on Jan 19, 2019, persons whose family has a gross annual income below ₹8 lakh are identified as those belonging to the economically weaker section.
(2) It said the 10% reservation law was enacted to promote the welfare of the poor not covered by the 50% reservation policy for SC’s/ST’s and the Socially and Educationally Backward Classes.
- It has been nearly six months since a Bench, led by Justice Sharad A. Bobde, now CJI, has reserved orders on the preliminary question that whether a bunch of writ petitions challenging the economic reservation law should be referred to a Constitution Bench.
- The court had refused to pass any interim order to stay or hamper the implementation of the Constitution (103rd Amendment) Act, which provides for the 10% reservation.
- Article 15(6): Nothing in this article or sub-clause (g) of clause (1) of Article 19 or clause (2) of Article 29 shall prevent State from making:
(1) Any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and
(2) Any special provision for the advancement of any economically weaker sections of citizens other than the clauses mentioned in clauses (4) and (5) insofar as such special provisions relate to their admissions 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.
- Article 16(6): Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes
Sources
The Hindu