103th amendment act for 10% reservation to Economically weaker section
124th Constitution Amendment Bill became 103rd amendment act to the constitution after assent by the President.
The act provides for 10 per cent reservation for economically weaker sections of upper castes in government jobs and educational institutions.
Who will benefit from this?
Economically backward upper castes whose family income is under Rs 8 lakh per annum will benefit from this proposed quota reservation.
According to media reports, the poor among the religions other than Hindu such as Muslims and Christians will also get the benefit.
What are the criteria for reservation?
Apart from the family income of the beneficiaries being under Rs 8 lakh per annum, the family should have a landholding of less than five acres.
The family should not have a residential plot not measuring over 100 square yards in a notified municipality and less than 200 square yards in non-notified areas, according to the report.
Quota seekers should also not own more than five acres of agricultural land.
How will the quota be implemented?
The new legislation would amend Articles 15 and 16 of the Constitution dealing with caste-based quotas to provide reservation for
“economically weaker” sections in public employment and all educational institutions.
The government, however, would require support from at least two-thirds of the members in both the Houses to amend the Constitution. It has passed the Lok Sabha hurdle and not the bill is headed to the Rajya Sabha before the President signs it.
According to media reports, the quota will be over and above the existing 50 percent reservation to SCs, STs, and OBCs.
What are the challenges ahead of the implementation of this quota?
One of the major challenges that lie ahead of the implementation of this law is the Supreme Court’s 50-percent cap on quotas in the Indra Sawhney case in 1992. The apex court had upheld in its verdict that reservation shall not exceed 50 percent.
However, if the changes are amended, the reservation quota may jump to 60 percent from the existing 50 percent.
Similar changes to amend Articles 15 and 16 were attempted by the governments in Haryana, Rajasthan, and Maharashtra but the laws were struck down by the court on the ground of the judgement in the Indra Sawhney case.
Earlier, the Supreme Court had said that the Constitution makes no case for a quota on the economic ground and only talks of educational and social backwardness.