$ Love Spells^ 💎 (310) 882-6330 in Utah, UT | Psychic Reading Best Black Magi...
Economic weaker section Reservation PPT by Rajashree J Jawale
1. BY
Rajashree J Jawale
Assistant Professor
Rayat Shikshan Sansha’s
Ismailsaheb Mulla Law College Satara
CHANGING TREND RESULTING IN TO
ECONOMIC WEAKER SECTIONS RESERVATIONS
2. Reservation
“Reservation”, also denoted as “affirmative action”
or “positive discrimination”, it refers to a policy or
program, or giving certain preferences to certain groups
(usually under-represented groups) over the others.
3. Historical Background of Reservation in India
1. “Reservations in favour of the backward classed (BCs) were introduced long before
independence in a large area, comprising the presidency areas and the princely states in the
south of the Vindhyas. Chatrapati Sahuji Maharaj, Maharaja of Kohlapur in
Maharashtra, introduced reservation in favour of backward classes in as early as
1902 to eradicate poverty from amongst them and to give them their due share in the state
administration. The notification of 1902 created 50% reservation in services for
different communities in the State.
2. This notification was the first government order providing for reservation for the welfare of
depressed classes in India (Resham, 2012)”.
4. Cont…
In the year 1942, Dr. B.R Ambedkar established the all India
depressed classes’ federation to support the advancement of
the scheduled castes. He demanded reservations for the Scheduled
castes in government services as well as other sectors.
However, in the year 1947, India obtained independence and Dr.
B.R. Ambedkar was appointed chairman of the drafting committee for
Indian Constitution.
The India Constitution prohibits discrimination on the grounds only of
religion, race, caste, sex and place of birth. While providing
equality of opportunity for all citizens, the Constitution
contains special clauses “for the advancement of any socially
and educationally backward classes of citizens or for the
Scheduled Castes and the ScheduledTribes”.
5. International Covenant on Civil and
Political Rights, 1966
Article 26- All persons are equal before the law and are
entitled without any discrimination to the equal protection of
law.
Article 26 of the International Covenant on Civil and
Political Rights, 1966, not only uses both the expressions but
also adds explanatory words, prohibiting discrimination.
6. CONSTITUTION OF INDIA 1950
ARTICLE 14,15,16,17, 21, 21-A
ARTICLE 45,46
RTEACT 2009
AMENDMENTS IN CONSTITUION
7. WE, THE PEOPLE OF INDIA, HAVING SOLEMNLY RESOLVED
TO Constitute INDIA INTO A "SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC" AND to secure all its citizens:
JUSTICE, social, economic and political;
LIBERTY, of thought, expression, belief, faith and worship;
EQUALITY, of status and opportunity; and to promote among them
all;
FRATERNITY, assuring the dignity of individual the unity and
integrity of nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION
PREAMBLE OFTHE INDIAN CONSTITUTION
8. Amita v. Union of India
1. It is embodied not only Arts. 15-18 as well as in Arts. 3,
39, 39 A, 41 and 46.
2. It is a Negative concept because it implies the absence of
any privilege in favour of any individual, and equal
subjection of all classes to the ordinary law.
3. It means law should be equal and should equally
administered, that is like should be treated alike.
4. In short there shall not be discrimination. It is a
declaration of equality of privilege in favour of every
individual.
9. Reservation in Higher Education –
According to the State of Maharashtra, the Supreme Court
abolished state quotas in private unaided professional colleges and
specifically held that the state could not impose reservations in unaided
institutions.
This led to the passing of the Constitution (Ninety-third
Amendment) Act, 2005 by the Parliament in December, 2005
inserting the following clause (5)in article 15 of the
Constitution:
“Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the
state from making any special provision by law, for the advancement of socially and
educationally backward classes of citizens or for the scheduled castes or scheduled tribes in
so far as such special provisions relate to their admissions to educational institutions
including private educational institutions; whether aided or un-aided by the state, other
than the minority educational institutions referred to in clause (1) of
article 30 (Thorat Sukhadeo,2007)”.
10. The union government brought forth legislation namely, the
Central Educational Institutions (Reservation in
Admission) Act, 2006 (the Act) under which the
following scheme of reservation has been provided:
Table – 1: Classification of Reservation Category
Serial No Reservation Category Weight age (%)
1. Scheduled Caste (SC) 15%
2. ScheduledTribe (ST) 7.5%
3. Other Backward Caste
(OBC)
27%
(Source: Annual Report, Ministry of Personnel, Public Grievances and Pensions,
Government of India, New Delhi, 2002-2003, Chapter5, Paragraph 5.2)
As a result of this, about 50% of the seats have now come under reservation in all central
educational institutions including institutions of higher learning and professional institutes like
IITs, IIMs and government medical and engineering colleges.
14. Constitution 124th Amendment Act 2019
Constitution 124th Amendment Act 2019 provides ten per
cent reservation to the economically weaker sections (EWS) in
the General category.
facilitates reservation for EWS in direct recruitments in jobs and
admission in higher educational institutions.
The reservation of EWS of general category will be given without
tampering the existing quotas for SC, ST and OBCs people.
This is expected to benefit a huge section of upper castes including
Brahmins, Rajputs (Thakurs), Jats, Marathas, Bhumihars, and
several trading castes including Kapus and Kammas.
15. Cont…
The new quota seeks to benefit the economically backward among
those castes that do not fall under the quota meant for socially
backward. This means that people who do not benefit from the 50
per cent existing quota and are below the EWS (Economically
Weaker Section) criteria, will benefit from this reservation.
However, certain prerequisites have to be met by a person
in order to qualify as a beneficiary for the reservation.
To begin with, people with an annual income of below Rs 8 lakh and
those with agricultural land below five hectare are eligible for the quota.
Those who have a residential property below 1,000 sq ft will also be
able to avail the benefits of this quota.
Those with residential plot below 109 yards –( five acre )in a notified
municipality or a residential plot below 209 yards in a non-notified
municipality area may also benefit from this move.
17. What will the “Economically Weaker Sections
Quota bill” amend in the Indian Constitution?
Article 15 andArticle 16 of the Indian Constitution.
The 124th Constitutional Amendment received the
President’s assent on January 12.
18. 20-1-2006
Article 15 was amended and clause (5) to Article 15 was added.
The amendedArticle 15(5) reads thus:
"15(5).—Nothing in this Article or in sub-clause (g) of clause (1)
of Article 19 shall prevent the State from making any special
provision, by law, for the advancement of any social and
educationally backward classes of citizens or for the Scheduled
Castes or the Scheduled Tribes insofar as such special provisions
relate to their admission to educational institutions including
private education institutions, whether aided or unaided by the
State, other than the minority education institutions referred to
in clause (1) of Article 30."
19. Amendment to Article 15 (Reservation in
Educational Institutions)
In article 15 of the Constitution, after clause (5), the
following clause shall be inserted, namely:—
‘(6) Nothing in this article or sub-clause (g) of clause (1) of article
19 or clause (2) of article 29 shall prevent the State from
making,— any special provision for the advancement of any
economically weaker sections of citizens other than the classes
mentioned in clauses (4) and (5) in so far as such special
provisions relate to their admission 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.
20. Amendment to Article 16 (Reservation in Jobs)
In Article 16 of the Constitution, after clause (5), the
following clause shall be
inserted, namely:— “(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 mentioned in
clause (4),in addition to the existing reservation and subject to
a maximum of ten per cent of the posts in each category.”.
21. Who comes under the “Economically
Weaker Sections”?
For the purposes of article 15 and article 16, “economically
weaker sections” shall be such as may be notified by the State
from time to time on the basis of family income and other
indicators of economic disadvantage.’
However, the Union Law and Justice Minister Ravi Shankar
Prasad said the states will have the freedom to decide on
income criterion of beneficiaries under the provision.
This will be a class distinct from the already specified classes
of SCs, STs and socially and educationally backward classes
(OBCs).
23. Lok Sabha , passed The Constitution 124th Amendment Bill, on 08-01-
2019, the same day it was introduced in the HouseThe Rajya Sabha on
the same day it was introduced (09-01-2019).
At present, reservations in India account for a total of 49.5%. If the
10% extra reservation for EWS is also taken into account, it would be
59.5%.
7.5%, 15%, and 27% quotas are reserved for Scheduled Tribes,
Scheduled Castes, and Other Backward Classes respectively.
If the EWS Quota Bill becomes an Act, only 40.5% of seats will be
allocated in educational institutions/jobs based on the merit of
candidates. As pointed by Supreme Court, increase in reservations can
compromise the merit.
Remember, the merit quota is not reserved anyone – not even for the
general category (hence the name – merit). It is open to candidates
from all categories – including SC, ST, OBC, and the General category
– who qualify on merit (and not because of reservation).
24. CHANGING TREND RESULTING IN TO ECONOMIC
WEAKER SECTIONS RESERVATIONS
The EWS Quota Bill Gets President’s assent, becomes Act As
both houses of the Parliament has passed the Constitution
124th (Amendment) Bill, 2019, it was sent to the President
of India for his assent. President Ram Nath Kovind gave his
assent to a bill on 12-01-2019.
The legislation will now be known as the Constitution
(103rd Amendment) Act, 2019.
25. CONT……
The Indian National Congress is committed to finding a way
forward for introducing reservation in education and employment
for economically weaker sections of all communities without in
any way affecting existing reservations for Scheduled Castes,
ScheduledTribes and Other Backward Classes.
It was a Congress promise. However, INC didn’t mention the
details of their plan or percentage of the quota.
Despite not being on the BJP’s election promise, the NDA
government came forward with the reservation for EWS, just
before the 2019 election.
Initially, the reservation was intended only for SC/ST
communities – that too for a period of 10 years (1951-1961).
However, it got extended ever since. After the implementation of
Mandal Commission report in 1990, the scope of the reservation
was widened to include Other Backward Communities (OBCs).
26. Unequals should not be treated equally, but is
reservation the only solution?
There is no doubt that unequals should not be treated equally. However, is
the current system of unequal treatment perfect? Is it creating more
injustice? Is it the only way out in a welfare-nation? It’s time to introspect.
28. Will Supreme Court consider the 124th
Constitutional Amendment Bill as valid?
Except in a few states like Tamil Nadu, the cap of reservation is 50%. This
limit is set by the Supreme Court to avoid the vote-bank politics of providing
quotas thus compromising the merit.
Tamil Nadu has a law which provides for 69% reservations, which has
been inserted into the ninth schedule of Constitution to immunize it
from judicial review.
A nine-judge bench decision of the SC in the Indira Sawhney case(1992)
had capped the upper limit of reservation at 50%. The Indira Sawhney case
had further held that social backwardness cannot be determined
only with reference to an economic criterion.
So the limits imposed by the nine-judge bench in 1992 would be the major
litmus test for this ACT . If the same standards are upheld by the Supreme
Court, the 124th Constitutional Amendment Act, will be declared null and
void.
The Gujarat Government had already brought an ordinance to provide
10% quota for EWS in the forward castes. However, in August 2016, the
Gujarat High Court had quashed this ordinance. The appeal against
that judgment is pending in the Supreme Court.
29. The Tamil Nadu example
Tamil Nadu has had a quota policy from the pre-Independence period. By
the 1980s, the quotas in the State were as high as 68 per cent.
The top court's verdict in the Indira Sawhney v. Union of India
(Mandal Commission) Case made this policy untenable and the
then government led by J Jayalalithaa amended the Ninth schedule
of the constitution by passing the Tamil Nadu Backward Classes,
Schedule Castes and Scheduled Tribes (Reservation of seats in
educational institutions and appointments or posts in service under
the state) Act,1993 to keep the policy.
This act was amended in 2007 to add backward class Muslims and in
2009 for theArunthathiyar Community.
https://www.thehindubusinessline.com/news/national/the-124th-
amendment-a-look-at-the-facts/article25990756.ece
30. Debatable problems
The major hurdle for the implementation of the recent Act is
the legal scrutiny. The Supreme Court has ruled multiple
times against exceeding its 1992 formula of a maximum of
50 per cent reservation.
However, there are States like Tamil Nadu that go beyond this
limit and the Supreme Court has upheld the state's policy
many a time. Currently, the State has a ‘69 per cent quota
system’
31. JUDICIAL PERSPECTIVES
Society for Unaided Private Schools of Rajasthan V Union of
India & Another (2012) 6 SCC; Writ Petition (C) No. 95 Of
2010.
In this decision, the Supreme Court of India upheld the
constitutionality of section 12 of the Right of Children to
Free and Compulsory Education Act (RTE Act) 2009,
Which requires all schools, both state-funded and private, to
accept 25% intake of children from disadvantaged groups.
However, the Court held that the RTE Act could not require
private, minority schools to satisfy a 25% quota, as this
would constitute a violation of the right of minority groups to
establish private schools under the Indian Constitution‘.
32. In 2012, in Society for unaided Private Schools of
Rajasthan v. Union of India &other
A 3 judge bench considered the challenge by several private aided,
unaided, minority and non-minority schools to the constitutional
validity of the RTE Act. While unaided non-minority schools to the
constitutional validity of the RTE Act. While unaided non-minority
schools claimed that the Act, especially Section 12(1)(c), violated
their freedom to carry out a business under Article 19(1)(g),
aided and unaided minority schools argued that the Act infringed
on their special constitutional rights as minority institutions
under Article 29 and 30 of the constitution.
The Supreme Court upheld the constitutional validity of the RTE Act,
but held that the Act, especially Section 12 did not apply to
unaided minority schools as it infringed on their rights under
Article 29 and 30 of the Constitution
33. In 2014 , Pramati Educational and Cultural Trust case
Pramati Educational & CentralTrust & Ors v. Union of India & Ors, (2014) 8
SSC 1. Date Decided: May 6, 2014
Several unaided non-minority schools approaches a Constitution Bench of the
Supreme Court challenging not only the RTE Act, but also Article 21 A
and 15(5).
Article 15(5) was introduced into the Constitution through The
Constitution (Ninety-Third Amendment) Act 2005
to enable the State to require private non-minority educational institutions to
admit students form socially and economically backward classes.
The 5 judge bench upheld the constitutional validity of Article 15(5) was to
provide equal opportunities to student the admission of a small percentage of
students from weaker and disadvantaged sections of the society
would not erode the right to do business under Article 19(1) (g).
Secondly, the Article 15(5) distinction between minority and non-minority
schools did not damage the equality principle as the Constitution already
recognized minority schools as a separate class.
34. T.M.A Pai Foundation vs. State of
Karnantaka A.I.R 2003 SC 355 at p-418
Linguistic and religious minorities are covered by the
expression minority‘ under Article 30 of the Constitution
.Linguistic lines, therefore for the purpose of determining
minority, the unit will be the State and not the whole of
India. The religious and linguistic minorities who have been
put at perArticle 30 have to consider State wise.
35. In the case of P.A. Inamdar v/s State of Maharashtra (2005)
6 SSC 537 at p. 592.
First every community in India becomes a minority because in
one or the other State of the country it will be a in minority –
linguistic or religious. What would happen if a minority belonging to a
particular State establishes an educational institution in that State and
administers it but for the benefit of members belonging to that minority
domiciled in the neighboring State where the community is in majority?
Would it not be a fraud on the constitution? In St. Stephen‘s.32 their
Lordships had ruled that Article 30(1) is a protective measure only for
the benefit of religious and linguistic minorities and no ill‐fit or
camouflaged institution should get away with the constitutional
protection (SCC p. 587, para 28). The question need not detained us for
long as it stands answered in no uncertain term in Pai Foundation.
Emphasizing the need for preserving its minority character so as to enjoy
the privilege of protection under Article 30(1), it is necessary that the
objective of establishing the institution was not defeated
36. 2006
Article 15 was amended and clause (5) to Article 15 was
added.The amendedArticle 15(5) reads thus:
"15(5).—Nothing in this Article or in sub-clause (g) of
clause (1) of Article 19 shall prevent the State from making
any special provision, by law, for the advancement of any
social and educationally backward classes of citizens or for
the Scheduled Castes or the Scheduled Tribes insofar as such
special provisions relate to their admission to educational
institutions including private education institutions, whether
aided or unaided by the State, other than the minority
education institutions referred to in clause (1) of Article 30."
37. ECONOMIC WEAKER SECTIONS RESERVATIONS
ANDITS NEED
1. Reservation Policy has been greatly helpful in raising economic
condition and social status
2. Hence this policy must continue for the sake of promoting social
equality in the country.
3. Lack of socially neutral process.
4. The institutions for higher learning are overly dominated by the
candidates who are mostly from the upper caste as they are more
associated and inclined towards education as well as they can afford
them too.
5. The reservation for the higher education is on the basis of social
competence grounds, which is quite separate from other arguments
about creating a more democratic and inclusive education process in
general.
38. Delhi Development Authority v. Joint Action Committee,
Allottee of SFS Flats, (2008) 2 SCC 672 (para 43)
REASONABLENESS and FAIRNESS is the Heart and Soul of
Article 14
Affirmative action needs protective discrimination:St.
Stephens College v. University of Delhi, (1992) 1SCC 558:
AIR 1992 SC.
The Supreme Court understood the guarantee of equality in
Art. 14 to mean absence of discrimination, in later cases, the
courts has come to hold that in order that equality of
opportunity may reach the backward classes and minority,
the State must take affirmative action by giving them a
preferential treatment or protective discrimination.
39. Jagdish Lal v. State of Haryana, AIR 1997
SC 2366: (1997) 6 SCC.
When competing rights between the general and the
reserved candidates require adjudication and adjustment with
the rights of general candidates, the doctrine of violation of
Art. 14 have no role to play, as some protective
discrimination itself is a facet of Article 14 and it does not
again deny equality to the reserved candidates.
40. “Rights are opportunities essential for
development of human dignity
The very concept of equality is valid classification for preferences
in favour of disadvantaged classes of citizen to improve their
conditions so as to enable them to raise their position of equality
with other more fortunate classes of citizen.
• Sawant, J.-It was held that the object of positive
discrimination was empowerment of backward class
adequate sharing of power.
41. Article 46 of Indian Constituion
Article 46: enjoins the State to promote with special care
towards the educational and economic interests of the
weaker sections of the people, and in particular of the
Scheduled Castes and the Scheduled Tribes, and to
protect them from social injustice and all forms of
exploitation.
Based on this provision coupled with other provisions of the
constitution, the state has introduced a number of steps in
the form of concessions.
42. M.G.Badappanavar v. State of Karnataka.
Equality is the basic feature of the constitution of India and
treatment of equals unequally will be violation of basic
structure of the constitution of India.
Equality basically means access or provision of equal
opportunities, where individuals are protected from being
discriminated against.
43. Indra Sawhney v. Union Of India, AIR
1993 SC 477
The “equality before the law” owes its origin to the English
Common Law.The doctrine of equality is a dynamic and
evolving concept.
44. Kesavananda Bharati case
The Supreme Court, after the judgment in the
Kesavananda Bharati case, has adopted the view of the
Fundamental Rights and Directive Principles being
complementary to each other, each supplementing the
other's role in aiming at the same goal of establishing a
welfare state by means of social revolution.
45. 124th Constitution Amendment
“Genuine equality means not treating everyone the
same, but attending equally to everyone’s different
needs.”
― Terry Eagleton, ‘Why Marx Was Right.’
Equality is the basis of social justice and concept of social
justice is a natural development from the theories of Laissez
Faire to marxism through Humanism. The Constitution of
India reflects the spirit of social justice right from its
preamble itself.
46. The Fundamental Rights are not absolute and are subject to
reasonable restrictions as necessary for the protection of public
interest
47. CHALLENGES IN IMPLEMENTATION OF EWS 10%
RESERVATION IN INDIA
1. Violation of principles laid down in Indra Sawhney v.
Union Of India,AIR 1993 SC 477
2. Reservation exceeded more than 50 %
3. Reservation cannot be defined by economic status alone
4. Backwardness for the purpose of reservation cannot be
defined on economic status alone but must be rooted in
social exclusion
5. High limit of EWS quota will bring entire general
category under ambit
6. 124th Constitution Amendment, abrogates the basic
structure of the Indian constitution
7. Amendment stands contrary to the SC Judgement in the
TMA Pai and P.A.Inamdar cases as it imposes reservation
in private unaided educational institutions
48. The bigger question, does the government create jobs
anymore?
The answer is no. Let's look at some data in support of this. Take a look at
Figure 1, which plots the number of central government employees over the
years.
Table 1: Does the government really create employment?
49. Between 2000-2001 and 2018-2019, a period of nearly two
decades, the central government jobs have grown by
around 7.3% in absolute terms. This works out to around
0.4% per year.
If we take a look at the Modi years between, around 1.78 lakh jobs
have been added, at the central government level. This works out
at around 45,000 jobs a year, on an average. If a reservation of
10% would have been in place for the economically weaker
sections of the society, it would have added 4,500 jobs per year for
them.
In the context of India, where 10 million youth enter the
workforce every year, 4,500 new jobs is close
50. Table 1: Total number of employees of central public sector
enterprises
Source: https://dpe.gov.in/sites/default/files/PE%20ENG%20Volume-1%20FINAL%20web.pdf
51. As can be seen in Table 1, between 2006-2007 and 2016-2017, the
number of people working for central public sector
enterprises has gone down by close to five lakhs. In this case,
the government has been destroying jobs and not creating them.
Let's take the case of public sector banks. In 2012-2013, the total
number of employees had stood at 8.77 lakh. By 2016-2017, this was
down to 8.67 lakh. This is another case where government jobs have
gone down.
As of 2011-2012, the total number of people working for the state
governments stood at around 71.84 lakh. In 1990-1991, it had stood at
71.13 lakh. In between, it had risen to 74.80 lakh in 1996-1997, and
has been falling since.
There is no reason to believe that this trend has been reversed since
2011-2012, given the financial condition of the state governments
across India. Even if there has been an increase, it can be marginal at
best.
52. Reservations and the Issue of Fairness
To some extent, both the slogans “inclusive growth” and
“globalization with a human face” register this difference
between growth and development. While both speak of the
need to rectify prevailing inequalities, the shift in phraseology
has meant a subtle but important shift in emphasis. If
“globalization with a human face” identifies excluded and
marginalized people primarily along class lines, “inclusive
growth” pinpoints the beneficiaries and nonbeneficiaries of
growth in terms of their religion and caste.
53. RECENT TRENDS-RESERVATION OF SEATS IN OCAL
SELF GOVERNMENT INSTITUTION (LSGIs)
Two recent trends are available in this regard: one is, new states,
which predominantly Tribal have been formed. This could offer
sufficient political power for the Tribal’s to govern themselves
and come up in life.
Secondly the LSGIs regime envisaged in the Constitution
(Seventy-Third and Seventy – Forth Amendment) Act 1992, has
given rise to legislation regarding Panchayat Raj at the village
level and Nagar Palika at the urban level.
54. The object of participatory democracy demands that people at the village
level should understand the intricacies of democratic mechanism. Here too
the Scheduled Castes and Scheduled Tribes are given the benefit of
reservation. For instance Constitution (seventy-third Amendment)
Act 1992 adds to the Constitution anew Part (Part IX) titled
“Panchayats’. In this Part, Article 243D provides that there shall be
reservation of seats for the Scheduled Castes and Scheduled Tribes in every
Panchayat and ‘number of seats so reserved shall bear as nearly as may be, the
same population of Scheduled Castes in that Panchayat area or of the
Scheduled Tribes in that Panchayat area to the total population of that area and
such seats may be allotted by rotation to different constituencies in a
Panchayat. Again the State legislature is empowered to make provisions
forThe same Article in clause 2, 3 and 4 provides for the
reservation of seats for Scheduled castes and Scheduled Tribes
women as well as for other women. women Chairpersons in
Pnachayaat. But these reservations are interlinked with Article 334 that
specifies the time limit for the reservation of seats in the legislative bodies.
55. 10 % RESERVATION AND PUBLIC
INTEREST LITIGATION
POLITICALACTIVIST TEHSIL POONAWALA
ADVOCATE REEPAKAND PAWAN
NGOYOUTH FOR EQUALITY
INDIRA SAWHNY CASE JUDGMENT
56. CRITICISM IN SOCIETY ON PRESENT RESERVATION
The kind of reservation policy that our government currently
follows does nothing but divide the society into different
sections.
Reservations are nothing but means to prosper the vote
banks of politicians.
By reserving one category against another creates a feeling of
division which is now resulting in a chaos with every small
section of the society asking for it.
The process of reservation should be such that it filters the
truly economically deprived individuals and bring them all to
justice.
57. CHALLENGES IN IMPLEMENTATION OF EWS 10%
RESERVATION IN INDIA
1. Violation of principles laid down in Indra Sawhney v.
Union Of India,AIR 1993 SC 477
2. Reservation exceeded more than 50 %
3. Reservation cannot be defined by economic status alone
4. Backwardness for the purpose of reservation cannot be
defined on economic status alone but must be rooted in
social exclusion
5. High limit of EWS quota will bring entire general
category under ambit
6. 124th Constitution Amendment, abrogates the basic
structure of the Indian constitution
7. Amendment stands contrary to the SC Judgement in the
TMA Pai and P.A.Inamdar cases as it imposes reservation
in private unaided educational institutions
58. Conclusion
Reservation can be an affirmative action to address
unequal opportunities across different classes in
the society only if the real needy poor are targeted
for its benefit.
Rules frameed by government must be
“reasonable,just and equitable.