Mains Marathon

Approach

• Start your answer by giving a brief on the 103^rd constitutional amendment
• Discuss the significance and issues associated with the 103^rd constitutional amendment
• Discuss how the 103^rd constitutional amendment-based reservation is more acceptable than earlier caste-based reservation
• Conclude your answer by giving a way forward

Answer

The 103^rd constitutional amendment introduced an economic reservation (10% quota) in jobs and admissions in education institutes for Economically Weaker Sections (EWS) by amending Articles 15 and 16. It inserted Article 15 (6) and Article 16 (6).

It was enacted to promote the welfare of the poor not covered by the 50% reservation policy for SCs, STs and Socially and Educationally Backward Classes (SEBC). It enables both the Centre and the states to provide reservation to the EWS of society.

Significance of the 103^rd constitutional amendment

• Addresses Inequality:
  • The 10% quota is progressive and could address the issues of educational and income inequality in India since the economically weaker sections of citizens have remained excluded from attending higher educational institutions and public employment due to their financial incapacity.
• Recognition of the Economic Backwards:
  • There are many people or classes other than backward classes who are living under hunger and poverty-stricken conditions.
  • The proposed reservation through a constitutional amendment would give constitutional recognition to the poor from the upper castes.
• Reduction of Caste-Based Discrimination:
  • Moreover, it will gradually remove the stigma associated with reservation because reservation has historically been related to caste. Most often, the upper caste looks down upon those who come through the reservation.

Concerns associated with the 103^rd Constitutional Amendment Act

• Unavailability of Data:
  • The Statement of Object and Reason in the EWS bill clearly mentioned that the economically weaker sections of citizens have largely remained excluded from attending the higher educational institutions and public employment on account of their financial incapacity to compete with the persons who are economically more privileged.”
  • This is at best a wild guess or a supposition because the government has not produced any data to back this point.
• Breaches Reservation Cap:
  • In the Indira Sawhney case 1992, the nine-judge Constitution bench put a cap of 50%.
  • The EWS quota breaches this limit, without even putting this issue into consideration.
• Arbitrary Criteria:
  • The criteria used by the government to decide the eligibility for this reservation is vague and is not based on any data or study.
  • Even the SC questioned the government whether they have checked the GDP per capita for every State while deciding the monetary limit for giving the EWS reservation.
    • Statistics show that the per capita income in states differs widely - Goa is the state having the highest per capita income of almost Rs. 4 lakh whereas Bihar is at the bottom with Rs.40,000.

How the 103^rd constitutional amendment-based reservation is better than earlier caste-based reservation

It has given a start to realize the long-drawn demand of giving reservation on the basis of economic resources and give reservation only to the needy and deserving.

It will help in reducing the caste rigorousness: As the old system of reservation was based on caste, it was a bone of contention between upper caste and lower caste people. The lower caste people were often ridiculed by the upper caste people due to the hatred generated in their minds because the benefits of reservation were solely available to lower caste people.

Targeting the Needy: The reservation on the basis of economic resources will help in eliminating the bogus beneficiaries and will help the deserving and eligible population to enjoy the benefits of reservation.

Dent the Identity Politics: The reservation on the basis of resouces will lead to end of identity politics played by the politicians on the basis of catse and will bring the issue of development in the focus.

Way Forward

• Reservation adversely affects all the categories except the EWS by shrinking the competitive pool accessible to them. Empirically, it does not seem justifiable as candidates from EWS are already well represented in higher educational institutions.
• It is high time now that the Indian political class overcame its tendency of continually expanding the scope of reservation in pursuit of electoral gains, and realised that it is not the panacea for problems.
• Instead of giving reservation based on different criterias government should focus on quality of education and other effective social upliftment measures. It should create a spirit of entrepreneurship and make them job-givers instead of a job seeker.