The Bill under discussion aims to facilitate reservations in public employment and higher education for economically weaker sections. The proposed economic reservations will be implemented through the inclusion of clause (6) in Articles 15 and 16 of the Constitution.
Provisions of the Amendment Bill
The amendments carry two significant changes to Article 15 and 16 to introduce the provisions special for economically weaker sections.
Amendment to Article 15
This Amendment enables the State to introduce special provisions for the upliftment of economically weaker sections of citizens. Further, it sanctions reservations in educational institutions, extending the scope to private institutions both aided and unaided. However, minority educational institutions under Article 30 (1) remain exempt.
The Amendment also states that the upper cutoff for such reservations will be limit to 10%, which will be above and over any existing reservations.
Amendment to Article 16
The newly proposed Article 16 (6) authorizes the State to provide reservation in appointment positions, beside the existing reservations but not exceeding a total of 10%.
Definition of “Economically Weaker Sections”
The term ‘Economically weaker sections’, as used in Articles 15 and 16, denotes classes of citizens recognized by the State based on factors like family income and other indicators of economic disadvantage. This group is distinct from the already defined classes of SCs, STs, and socially and educationally backward classes.
Reflection on the Constitution: Article 15 and 16
For better understanding of the overall implications of these proposed amendments, let’s delve into the original roles of Article 15 and 16 in the Indian Constitution.
| Title | Provisions |
|---|---|
| Article 15 | The State cannot discriminate against any citizen on the basis of religion, race, caste, sex, or place of birth. Special provisions can be made for women, children, and socially and educationally backward classes. |
| Article 16 | Guarantees equal opportunity for all citizens in matters concerning employment or appointment to any office under the State, with allowances for laws prescribing residential requirements or special provisions for underrepresented classes. |
Reservation for Economically Backward Classes: An Analysis
The initiation of reservations for economically backward classes necessitates an examination of the political, societal, and constitutional implications. This involves delving into questions of discrimination, equal opportunity, and the responsibility of the State to provide for its citizens. Considering these factors, it becomes possible to examine the multiple dimensions of this proposed amendment.
