10% Reservation for Economically Weak Upper Castes – How to check whether you are eligible?
Govt. of India was succeeded in getting notification passed for 10% reservation for economically weaker sections in just 1 week. Currently there is reservations or quota for 50% and this 10% reservation or quota would add to total of 60% reservation. While Govt of India thinks that this would help weaker section individuals, Congress says this is election gimmick. Whatever could be the reason, weaker section or economically backward people are going to benefit. Who is eligible for 10% reservation or How to check you are eligible for 10% reservation? How many individuals would qualify for 10% reservation or quota then?
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What is this 10% reservation is all about?
Government of India has decided to amend the constitution for 10% reservation or quota for economically weaker section in Government Jobs and Higher Education in general category. The constitution (103 amendment) Act, 2019 received president approval couple of days back. This act of amends article 15 and 16 constutition by adding amendment clause. This 10% reservation or quota is in addition to existing reservations and a maximum of 10% in each category. Parliament has passed this bill on 9th January and President approved on 12thJanuary the and Government notification issued on 14th January, 2019.
Why Govt of India thought of providing 10% reservation?
Govt of India thinks that Economically weaker section of individuals have been largely excluded from part of higher educational institutions and Govt employment as they are financially weak compared to others who are more economically privileged. While there is current reservations, these are caste specific reservation which is not helping economically backward classes. In view of this, Govt of India thought of providing 10% reservation for Economically Weaker sections (EWS).
What are current reservations in higher education or Govt employment?
Currently there is a 50 % reservation for SC, ST and OBC for higher education or Govt jobs. Modi Govt has tabled 10% reservation now for economically backward upper castes. With this, current reservation would be 60% now. This 10% quota would be in general category.
Who is eligible for 10% reservation or How to check whether you are eligible for 10% reservation?
For the purpose of Article 16, economically weaker sections would be determined by the State from time to time on the basis of family income and other indices of economic disadvantages.
As per the details available, here is the criteria to check the eligibility of 10% reservation. All eligibility have to be met who would be classified as economically weaker sections.
1) People earning less than Rs 8 Lakhs per annum income.
2) The families that own agriculture land of <= 5 Acres of land
3) An individual has 1,000 soft house or 100 yards of plot or less in notified municipal area.
4) Individual having 200 yards of plot or less in un-notified municipal area.
How many individuals would qualify for 10% reservation or quota then?
Let us first check for each and every category who would qualify.
1) How many would qualify for agricultural land <=5 Acres
Agricultural senses report of 2015-2016 which is released in Sep-2018 indicates that 86% of landholdings qualify for this 10% reservation. Means there are 14% people who has > 5 Acres of agriculture land in India.
2) How many would qualify for <= Rs 8 Lakhs income?
Almost all individuals indicated above would qualify for 10% reservation. As per latest national sample survey office (NSSO) 2011-12, 5% of the individuals are earning Rs 8 Lakhs and below income in India.
3) How many rural people would qualify 10% reservation?
99% of rural individuals would qualify for this reservation as they have less than Rs 8 Lakhs of Income.
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How this 10% quota or reservation bill is being viewed now in India?
Entire India got surprised at the stunning speed at which Govt of India has taken this bill forward. Congress says it is election gimmick. Many experts believe that this 10% reservation quota would help backward individuals to get higher education and Govt. jobs. Many believe that caste based reservation should be completely removed only reservation based on economically weaker category should be considered. Experts believe that most of the individuals from various castes like Brahmins, Baniyas, Christians and Muslims would benefit. The government of Gujarat has indicated that it would implement 10% reservation immediately from 14th January, 2019. Gujarat Government said this would be applicable for Government jobs that are only advertised and first stage of examination is yet to be held.
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- To grant the reservation, the government will amend Articles 15 and 16 of the Constitution
- It will be a reservation for economically backward upper castes in government jobs
- However, certain prerequisites have to be met by a person in order to qualify
Following the cabinet approval, the Narendra Modi government will now move to amend the Constitution in order to grant this reservation for the economically weaker upper castes.
The new quota proposal 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 proposal.
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 in a notified municipality or a residential plot below 209 yards in a non-notified municipality area may also benefit from this move.
New Delhi: President Ram Nath Kovind on Saturday gave his assent to the bill providing for 10 per cent reservation in jobs and educational institutions to the economically weaker sections in the general category.
The Constitution (124 Amendment) Bill, 2019 was passed in the Lok Sabha on Tuesday and the Rajya Sabha a day later even as leaders from Opposition parties questioned the government’s “haste” in pushing the bill through just months ahead of the 2019 general election.
A notification in the official gazette stated that the legislation will be known as the Constitution (103 Amendment) Act, 2019 and that it shall come into force on such date as the Centre notifies.
The 10 per cent reservation will be in addition to the existing 50 per cent reservation given to Scheduled Castes, Scheduled Tribes and the Other Backward Classes, taking the total reservation to 60 per cent. Among the sections it targets are the poor among the upper castes.
General category individuals, all members of whose family together earn less than Rs 8 lakh per annum, and who have less than five acres of agricultural land, will qualify.
The quota covers nearly 190 million people from the general category and is seen as an effort by the BJP to reach out to upper caste groups as the Patidars, Jats and Marathas, who have been lobbying for reservation. A petition against the bill has already been filed in the Supreme Court.
- Those who earn less than Rs. 8 lakh a year, have less than five acre land qualify for the quota, said Union Minister Vijay Sampla. Jobs are already reserved for impoverished and disadvantaged lower castes. The criteria for economic quota will be the same as that for Other Backward Castes or OBCs.
- “This was a long-standing demand but only the Modi government had the courage to do it. Brahmins, baniyas, Christians, Muslims, all will benefit from this,” Vijay Sampla said.
- The minister said the decision should not be seen as political as it is “the government’s duty to understand the feelings of the people and fulfill their needs”.
- The government’s big move comes at a time the ruling BJP is seen by many to have lost its invincibility after its election defeats to the Congress in three major heartland states.
- Sources say the bill has to be a constitutional amendment as it overshoots the Supreme Court’s 50 per cent cap on quotas and takes the total to 60 per cent. Any increase from that limit will be subject to judicial scrutiny and is unlikely to get parliamentary approval immediately.
- The government, however, wants to make a distinction between economic and social reservation. The Supreme Court’s limit is for social reservation, say sources. It may be legally complicated but the move serves the purpose of telegraphing the government’s commitment to the general population that does not have reservations, sources said.
- The Congress alleged an election gimmick. “We will continue to support every such step that provides employment. But when the Modi government has suddenly woken up to the problems of the economically poor, facing defeat in 2019 polls and with 100 days go to the polls, a question of intent is raised,” said the party’s Randeep Surjewala. “We welcome reservation in jobs, but when will you create jobs?”
- Another union minister, Shiv Pratap Shukla, said the decision “has nothing to do with polls” as the party had got considerable votes from the upper castes in Madhya Pradesh and Rajasthan. But sources admit the ruling party is concerned about the alienation of the upper caste, especially in politically vital Uttar Pradesh.
- In a 1992 order, the Supreme Court had capped reservations in government jobs and education at 50 per cent. But in an order in July 2010, it allowed states to exceed that limit if they had solid scientific data to justify the increase.
- Former union minister Yashwant Sinha, who recently quit the BJP, called the move a “jumla” and tweeted: “…the proposal is bristling with legal complications and there is no time for getting it passed through both houses of parliament. Government stands completely exposed.”