About:
- Background:
- The Constitution (124th Amendment) Bill, 2019, which envisages giving up to 10% quota to economically weaker section, was passed by the Parliament during the winter session this week. After that the bill was sent to the President for his nod.
- According to a gazette notification, the legislation will be known as the Constitution (103rd Amendment) Act, 2019.
- Objective: It aims to provide reservation in public employment and higher education for economically weaker sections. Economic reservation in jobs and education is proposed to be provided by inserting clause (6) in Articles 15 and 16 of the Constitution.
- Article 15(6):
- It enables states to make reservation for any economically weaker section of citizens in any educational institution, including private institutions, whether aided or unaided, except minority educational institutions covered under Article 30(1).
- The upper limit of reservation will be ten percent, which will be in addition to the existing reservations.
- Article 16(6): the proposed Article 16(6) enables State to make provision for reservation in jobs appointments, in addition to the existing reservations, subject to a maximum of ten percent.
Challenged Before Supreme Court:
- An NGO named "Youth for Equality", filed a petition challenging it before the Supreme Court contending that the amendment violates the "basic structure" of the Constitution.
- Referring to the decision of the Supreme Court in Indira Sawhney case (1992), the petition states that reservation cannot be given on the basis of economic criteria.
https://barandbench.com/economic-reservation-president-assent/
