The New Reservation Bill

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The government is the owner of all and the people are just puppets or we can say, we choose our master as we live in democracy, but with the court at our protection, we can achieve the equality we have right to and demand the same from the apex courts.

To the present controversy, a bill for reservation of up to 10% has been passed by both the houses of the parliament and has been signed by the president of India, with the objective of the bill, “the directive principles of state policy contained in article  of the Constitution enjoins that the state shall promote with the special care the educational and economic interest of the weaker section of the people, and, in particular, of the scheduled castes and he scheduled Tribes, and shall protect them from social injustice and all form of exploitation.”

“With a view to fulfil the mandate of Article 46, and to ensure that economically weaker sections of citizens get a fair chance of receiving higher education and participation in employment in the services of the State, it has been decided to amend the Constitution of India,” the statement of objects of the bill said.

The bill was introduced in the Lok Sabha by Union Minister Thaawarchand Gehlot and was passed by the parliament on 9th January, 2019, and received the president’s assent on 12th January 2019.

The bill has been amended in many states, and has been contested in the Supreme Court on the ground of its constitutionality. The plea has been made by a non-governmental organization ‘Youth for Equality’, opposing the bill on the following grounds:

  • By providing reservation on economic grounds to people only from forward castes, the bill excludes members from other backward classes and the scheduled castes and scheduled tribe communities and thus, violates the “Right to Equality” guaranteed by the Constitution.
  • The Supreme Court in a 1992 ruling said economic criteria cannot be the sole basis of reservation and this bill is in violation of the top court’s orders.
  • The Supreme Court in a 1992 ruling said economic criteria cannot be the sole basis of reservation and this bill is in violation of the top court’s orders.
  • By providing reservation on economic grounds to people only from forward castes, the bill excludes members from other backward classes and the scheduled castes and scheduled tribe communities and thus, violates the “Right to Equality” guaranteed by the Constitution.
  • The overall cap for reservation was capped at 50 percent by the Supreme Court in 2006 and was reiterated in 2018. The breach of the 50 percent cap will be violative of the basic structure of the Constitution and the bill is liable to be struck down.
  • The top court in its earlier judgments said “the state’s reservation policy cannot be imposed on unaided educational institutions, and as they are not receiving any aid from the state, they can have their own admissions provided they are fair, transparent, and non-exploitative and based on merit”.

The bill being unanimously passed by both the houses of the parliament and being amended, are under check with the supreme court, with waiting for the next order affecting the lives of people being affected all over the nation.

Jurists, including former Additional Solicitor General of India Indira Jaising and senior advocates Sanjay Hegde and Arvind Datar, differed over the constitutional validity of the bill.

By-

Priyam Kamra,

Student Reporter- INBA