By Lovisha Aggarwal | January 15, 2019
ENFORCED ON: on 14-01-2019 (as notified vide S.O. 292(E))
AMENDMENTS: By the Constitution (One Hundred and Third Amendment) Act, 2019, 2 clauses have been inserted in the Constitution of India:
Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,—
(a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and
(b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent of the total seats in each category.
Explanation.—For the purposes of this article and article 16, ‘economically weaker sections’ shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.
Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent of the posts in each category.
EFFECT OF AMENDMENT: The reservation of maximum 10% for “economically weaker sections” in educational institutions will be in addition to the existing reservation.
AMENDMENT: 1. At present, 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. The benefits of existing reservations under clauses (4) and (5) of article 15 and clause (4) of article 16 are generally unavailable to them unless they meet the specific criteria of social and educational backwardness.
2.The directive principles of State policy contained in article 46 of the Constitution enjoins that the State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
3.Economically weaker sections of citizens were not eligible for the benefit of reservation under Article 15(5) or Article 16(4). 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.
Read the complete Act here