Author: Saranya Adhikari, V year of B.B.A.,LL.B. from Uttaranchal University, Law College Dehradun
Introduction
“Not every DNA carries wealth and reconnaissance; not everyone with a surname needs upliftment. It’s time to stop being greedy and help the needy, else cut the lie of mentioning the right to equality.’’
Reservation summons in common terms to an act of reserving keeping back or restrain the seats which are reserved in public sector units, union and state civil services for members of economically backwards class, tribes and community reservation is governed by many laws such as constitutional laws, statutory laws and local rules and regulations. The concept of reservation was introduced by B.R Ambedkar. The inspection of the reservation system came after India got independence because before a quota system favoring caste and other fraternity existed.
Meaning
Economic means the economic principle to analyze the various laws made for the protection of society at large. Economic reservation means securing justice, liberty, equality, fraternities to its citizens. Economic reservation says that 10% of reservation should be given to economically backward classes in the society.
Dr. Ambedkar wrote that “Men love property more than liberty’’. This Bill was made for the betterment of the societies and lower communities it was amendedso that the backward classes could get equal chance in the society to prove themselves because upper classes never wanted to grow and to be equal and also that they could earn theirlivelihood as they were unaware of the facilities and they have low income. A recent example of Kerala is that one Schedule Caste person stole rice and he was starved to death. It gives a life stability as many people die of hunger so they are the ones who actually needs to get equal respect and jobs in the society because in earlier times the lower caste used to clean toilets of upper class and they were not allowed to sit beside them and hence this has still been escorted in some of the urban areas.
Historical Background
Economic reservation means that 10% of reservation should be given to the economic backward classes The Economic Reservation bill was amended by the Constitution 103rd Amendment act 2019 which amended article 15 and 16 and clause 6 has been added in this which say that the 10% of post in each category like in government jobs and educational institutions should be given to economic backward classes other than the class mentioned in clause 4 and 5. The act was executed on 14 January 2019 it was passed by the Rajya Sabha on January 9 2019 with the support of 165 members and in Lok Sabha by the two-third majority with 323 members passed in favor of amending the bill.
Objective
The public acceptance on the reservation of the bill was that the bill will give them an equal opportunity and equal protection to all the citizens and that there will not be solely discriminated on the grounds of religion, caste, sex, and place of birth. The bill will give them an equalopportunity to improvethe status of historically oppressedgroups like schedule castes, and other backward class. They said that the amendment aims to fulfillthe commitments of the directive principals of the state policy under article 46 which promotes for the economic interests and educational interest in the weaker sections of the society.
The condition before the amendment of the act was that quota system existed demands of various forms of discrimination were made people were not given equal opportunity as they were economically weak they needed financial support as well as reservation to corroborate fair access to education as well as employment The economic status of the person changethey were infested with corruption and used to make fake certificate from the authorities. The upper classes of group were given power to monopolies state and the backward classes used to feel inferior or sometimes even verified. Existing reservation policies were highly unpopular and common caste discrimination in India was the practice of untouchability.
Benefit
The benefit which enjoyed afterthe amendment of the act was that people could take advantage of 10% of reservation system on the educational institutions and public employment. Several committees were set up where quantifiable data was assemblage highlighting the need for having reservation.
The expression of creamy layer is for highly cultivated people who are economically socially, educationally weak. It was first introduced by the Sattanathan commission in 1971. He said that the creamy layer which is used for the OBC, scheduled caste, and schedule tribes should eliminate the reservations quota of civil posts. The concept of creamy layer says that the backward classes should be restricted to initial appointments not on extending to promotions.
In the case of Indra Sawhney v. Union of India[1] In this the concept of qualitative exclusion such as “creamy layer’’ was introduced. It was said that the concept of creamy layer should be excluded and it provides reservation to the extent of only 10% to the other category and the general category for the in society.
The people entitled for benefit are
The person who is entitled for the benefit of reservation are the poor segments classes and upper caste which include Hindus and as well other religion in Hinduism it is proposed to Brahmins, Rajput, Jaat, Marathas ,Bhumihars, Vaishya ,along with Patidar, Gujjar depending upon the caste group. The criteria for reservation were that it should only be implemented to those backward people who has annual income less than 8 lakhs, or those people who have less than 5 acres of land, or less than 1,000 square feet in town. The S.C of India ruled in 1992 that reservation could not exceeds more than 50% and in those in which it exceed more than 50% they are the state which are under litigation of Supreme court,for example, in state of Tamil Nadu, there are 87% of the population out of which reservation stands only 69%. Reservation SC, ST, and OBC but they are also made for the women’sand transgender so they can get equal scope. The framers of the constitution believed that caste system of SCs and the STs were decline and historically oppressed in an Indian Society because they did not have equal opportunities.
Challenge
The challenge of the amendment of the economicreservation was that petition was filed in the Supreme Court by non – government organization named Youth of Equality on the ground that the amendment violates the basic structure of the constitution as article 14 of the constitution talks about the right of equality and moreover the amendment provides for a 10% economic reservation over and above the existing reservation. Another challenge was on the basis of constitutionally of the amendment is arbitrariness when the upper caste has already got the interest of reservation they shall not be allowed to use the benefit of reservation again.
Judicial Pronouncement
The Judicial pronouncement was making reservation for the backward classes. In case of State of Madras v. Champakam Dorairajan[2]and Another in this case Supreme Court first time bestow with the issue of reservation. it was said that reservation shall only be 50%, This specification first raised in the case of M.R Balaji v. State of Mysore [3] It was held in this case that only 50% reservation shall be given the reservation above 50% shall implicit dominance over article 16(1). In case of State of Kerala v. N.M Thomas[4] the S.C held that the ‘’weaker sections ‘’mentioned in article (46) does not only include backward classes but also those categories comparable economically and educationally, to schedule caste and schedule tribes. In case of Ashoka Kumar Thakur v. Union of India [5] in this case it was held that sustaining constitutionally validity of Central Educations Institutions Reservation in admission act in 2006 it cannot only be based on caste other parameters such as backwardclass is also included in this category. In case of Chitralekha v. State of Mysore[6]in this case it was held that in many groups classes and caste are not pertinent for example, agriculture labourers, street- hawkers, rickshaw puller and etc. because they will qualify as being designated as backward class The constitutional challenge was on the basis of the basic structure doctrine it was said that only 50% reservation should be given to the backward classes. In the case of I.C Golaknath v State of Punjab[7] in this case it was held by Supreme Court of India that the provisions of the fundamental right can be amended by passing a constitutional amendment act as per the requirement of article 368 but latter on it was overruled and it was held that the fundamental right contorted in part III of the constitution would be preclude from the ambit of amendment conferred in 368. In the case of Kesavananda Bharti v State of Kerala[8]this case overruled the judgment made in Golaknath and it said that the same objective specified in the preamble of the constitution cannot be amended in the exercise of power conferred in article 368. The Parliament cannot use its amending competence to damage, destroy abrogate, change, emasculate the basic structure of constitution.
Conclusion
The positive effectof the reservation is that it gives an opportunity to the poor backward classes to prove themselves in the society also people living in India Pakistan border in Jammu and Kashmir will get the benefit of the reservation. People can also avail benefit of reservation in promotion, admission in different professional courses, and in direct recruitment. People from the backward sectionscan achieve higherpost and servicesin the public sector. The reservation will help them to encourage and fight back for their justice they will also be brought up to the same level and this process will forward them in being rich.
The negative impact of the reservation is that there is a discrimination between the upper classes and lower classes a sections of Indians will never be allowed to grow it will take them more time to reach the level of education. The poor caste will get the privilege through the caste system and they will hog the reserved seats for example there are students who have SC, ST, and OBC but they are also made for the women’s and transgender so they can get equal scope. The framers of the constitution believed that caste system of SCs and the STs were decline and historically oppressed in an Indian Society because they did not have equal opportunities.