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RESERVATION FOR ECONOMICALLY WEAKER SECTIONS (Arguments against extending…
RESERVATION FOR ECONOMICALLY WEAKER SECTIONS
Key features of the amendment
Act amends Article 15 to enable the
government to take special measures
amendment adds Article 16(6) permits the government to reserve up to 10% of all posts for the “economically
weaker sections” of citizens
constitutional recognition to Economically Weaker Section (EWS)
Arguments in favour of reservation based on economic status
Need for new deprivation assessment criteria
Ram Singh v. Union of India (2015), SC asserted that social deficiencies may exist beyond the concept of caste (e.g. economic status / gender identity as in transgenders)
Increasing dissatisfaction among various sections
Arguments against extending reservations on economic basis
No under-representation
In M. Nagaraj v. Union of India (2006), a Constitution Bench ruled that equality is part of the basic structure of the Constitution. The 50% ceiling is a constitutional requirement without which the structure of equality of opportunity would collapse
Against equality norm
Problem with the ceiling
Definition of EWS and allotment of quota
Challenges in the identification of beneficiaries
‘Pandora’s box’ of demands
Shrinking public sector:
Anti-Merit
Tool of populism
Passage of the Bill
Sinho Commission report of 2010, which the Centre has been citing as the basis for its legislation to grant 10 % reservation to the EWS, never explicitly recommended a reservation for EWS but was only emphatic about ensuring that the EWS get access to all welfare schemes
Way Forward
Adequate institutional measures
Independent and transparent verification
exclude the creamy layers among SC/ST groups.
Improving job creation in private sector