10% Economic Reservation decision valid from Supreme Court.

10% Economic Reservation decision valid from Supreme Court.

Economic Reservation decision

Article of the 15 Indian Constitution gives reservation to the socially backward citizens of the country. (Economic Reservation decision) It helps to overcome the backwardness of hundreds of years in their life. Socially backwardness is the criterion for reservation in the Constitution. In 2019, the central government had amended the 103rd constitution to provide reservation to the economically weaker sections of the country. Accordingly ten percent reservation was given to economically weaker sections in government jobs.

Youth for Equality and 40 other NGOs was challenged in the SC this central govt constitutional amendment. A five-judge constitution bench of the Supreme Court gave its decision on all those petitions. After this decision, ten percent reservation for economically weaker sections in government jobs and education in the country will continue. The decision to amend the constitution taken by the central government has been upheld by a five-judge constitution bench of the Supreme Court with a majority of three to two.

ही संपूर्ण पोस्ट मराठीमधून वाचण्यासाठी येथे क्लिक करा .

Nature of 10% Economic Reservation.Economic Reservation decision

  • The 103 rd constitutional amendment added Article 6 on jobs education and jobs for economically weaker sections.
  • A sixth clause was added to Article 15 of the Constitution. Even if this constitutional amendment has been passed.
  • There is no obligation on the state government to implement this constitutional amendment.State governments can decide whether to give reservation to economically weaker sections as per their policy.

Eligibility required to get 10% Economic Reservation.

  • Annual income should not be more than 8 lakh rupees to avail reservation for economically weaker section.
  • A house should not be larger than 1000 square feet in the municipal area.
  • The person concerned should not have a plot larger than two hundred yards in his name in a city other than a municipal corporation.
  • To benefit from this reservation, the farm should not be more than five acres in the name of the concerned.

Constitution Bench and its Judges

Validating reservation for economically backward sections. Several petitions were filed in the Supreme Court against the constitutional amendment decision. A five-judge constitution bench was formed for that. Each of them expressed their opinion.

Justice Dinesh Maheshwari – This judgment does not threaten the basic structure of the Constitution. This does not violate the existing 50 percent reservation ceiling. expressed that opinion. Voted in favor of constitutional amendment.

Justice Bela Trivedi – This reservation is a positive step for the development of economically weaker sections. He gave his decision in favor of constitutional amendment.

Justice J B Pardiwala – Reservation should not be permanent but a fixed period is necessary. Reservation given to a community definitely needs to be reconsidered. Justice Pardiwala gave his opinion in favor of constitutional amendment.

Chief Justice Uday Lalit – This constitutional amendment by the central government undermines the very structure of the constitution by subordinating the principle of social justice. Excluding an entity on the basis of social origin destroys the code of equality. Justice Uday Lalit expressed his opinion against the constitutional amendment.

Justice S Ravindra Bhatt – Constitution does not make language to exclude a class. The language to exclude an entity is violative of the principles of justice and the basic structure of the Constitution. Therefore, Justice S Ravindra Bhatt gave his opinion against the constitutional amendment.

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