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What is 10% Quota Reservation Bill for Upper Caste?

Swarit Advisors

| Updated: Feb 12, 2019 | Category: News

Constitution (124th Amendment Bill), 2019 is commonly known as 10% quota reservation Bill. Parliament on January 9th, 2019 approved the landmark Constitution (124th Amendment Bill), 2019 guaranteeing 10% quota reservation in the field of higher education and government employment.

The bill aims to provide a 10% reservation for economically weaker sections(EWS) of people among the general category candidates.  For economically weaker sections of people, this bill makes it easier to get direct recruitment in the Government jobs. Furthermore, it eases the process of admission of economically weaker sections in higher educational institutions.

Hence, through this blog, we aim to enrich your knowledge on the 10% quota reservation bill.

What is a 10% Quota Reservation Bill?

Central Government introduced a 10% quota reservation bill to help the economically backward section of people who belong to the upper castes. This bill proposes to benefit the poorer sections of the upper caste Hindus and other religions who at present are not beneficiaries of any quota. However, caste is not at all mandatory and eligible criteria to avail the benefits of this bill. It adds clause (6) in Article 15 of the Constitution to enable the state to provide reservations for economically weaker sections of people other than SCs, STs, and OBCs.

What is the main reason for passing the 10% Quota Reservation Bill?

Generally, it is observed that, for quite a long time, economically weaker sections of the society didn’t get an opportunity for higher education institutions and public employment.

The main reason for passing 10% quota reservation bill is to provide a 10 percent reservation for economically weaker sections and backward upper caste that is currently not covered under reservation in any government jobs as well as in educational institutions.

Criteria of the 10% Quota Reservation Bill

A person needs to meet the following criteria to get the benefit of  10% quota reservation bill:

  1. A person earning below Rs.8 lakh per
  2. Person Possessing agricultural land below five acres and a residential house below 1,000 square feet.
  3. A person should not possess a flat of more than 1,000 square feet or any land of 100 square yards in notified municipality areas and 200 yards in non-notified areas.

List of the Constitutional provisions amended by 10% Quota Reservation Bill?

The following Constitutional provisions are amended by the 10% quota reservation bill:

1.      Article 15 of the Constitution (Reservation in Educational Institutions)

Article 15 of the Constitution prohibits discrimination against any citizen on the ground of race, religion, caste, sex, or place of birth.

The proposed bill seeks to amend Article 15 to permit the government in respect of providing reservation and advancement for economically weaker sections.

10% of seats require to be reserved for such sections to get admission in educational institutions. However, the reservation will not apply to any minority educational intuitions as referred to in clause (1) of Article 30 of the Constitution.

2.      Article 16 of the Constitution (Equality of Opportunity in a matter of Employment)

Article 16 of the Constitution prohibits discrimination in the case of employment in any government office.

However, the bill seeks to amend Article 16 to permit the government to reserve 10% for economically weaker sections of people in the government jobs and posts.

Who comes under the Economically weaker sections as per 10% Quota Reservation Bill?

As per article 15 and article 16 of the Constitution, economically weaker sections shall be such as notified by the State from time to time on the basis of family income and other indications of economic disadvantage.

As per the statement of Union Law and Justice Minister, states have the freedom to decide on the income criterion of beneficiaries under the proposed bill.

According to the 10% quota reservation bill, there will be a class distinct from the specified classes of SCs, STs, and socially and educationally backward classes.

Who will get the benefit of a 10% Quota Reservation Bill?

Under the 10% quota reservation bill, economically weaker sections of people can get the benefits of reservation in educational Institutions and public employment.

A huge section of upper castes including Brahmins, Rajputs, Jats, Bhumihars, and several trading castes including Kapus and Kammas are also eligible to avail the benefits of this bill.

Impact of 10% Quota Reservation Bill on Education

Under provisions of 10% quota reservation bill, institutions run by the Central Government need to increase their student strength by almost 25 percent to accommodate the reservation for economically weaker sections. However, this must not affect the current number of seats meant for SC, ST, OBC and general category people.

Currently, across 20 IIMS (Indian Institue of Management), there are about 5,000 seats for full-time two years PGP (Post Graduation Programme in Management) equivalent to MBA (Master of Business Administration). The bill states that, in the coming years, this number will increase by more than 1000 seats.

In the future, there will be a continuous increase of seats in private institutions.

10% Quota Reservation Bill gets President’s assent becomes an Act

Both houses of Parliament passed the Constitution (124th Amendment Bill), 2019/10% quota reservation bill and then sent them to the President of India for his assent.

President Ram Nath Kovind gave his assent on 12-01-2019 and now same is known as the Con Constitution (103rd Amendment Act), 2019.

Does the Bill need the Approval of State Assemblies?

No, the bill does not require any approval of State Assemblies.

Government’s take on the 10% Quota Reservation Bill

Reacting to the passage of the bill in Lok Sabha, present Honorable Prime Minister of India, said that it is an effective measure which ensures justice for all sections of the society.

Financial Minister of India supported the bill by giving the statement that unequal cannot be treated equally.

Union Social Justice and Empowerment Minister said that, earlier in the Constitution, there was no provision for any reservation for economically weaker sections. However, through a 10% quota reservation, economically weaker sections are eligible for reservation.

Impact of Reservation

  1. If the economically weaker section will treat as a category like the SC, ST, and OBC, then a large number of general category candidates will apply for just 10% seats and the cut-offs can arise.
  2. Candidates who are above the general cut-off may still occupy the 10% quota to get a better service or better care. (For example, service in UPSC)

Future Implications of the Bill

  1. If the Supreme Court indeed agrees to lift the 50% slab for SC, ST people, then all states can extend the quantum of reservation and upper caste will loose to get chance in state services.
  2. In case, the Supreme Court rejects the idea of breaching 50% slab, then economically weaker sections quota will be provided to the upper caste as well as to economically weaker sections of people by removing the SC, ST quota. Removal of SC, ST quota will lead to social and political implications.

Conclusion

The 10% quota bill has multiple glitches. This bill introduces a reservation system for the economically weaker sections of people. It aims to uplift the economically weaker sections and to ensure equality.

Swarit advisor is a performance-driven organization which aims to provide satisfactory solutions to fulfill every requirement of clients.

If you want to know more about the bill, then kindly contact us.

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