In a supposedly pro-poor move ahead of the Lok Sabha Polls, the Union Cabinet on January 7, 2019, cleared 10% quota in jobs and educational institutions for economically weaker upper castes. The decision was taken during a meeting of the Union Cabinet chaired by Prime Minister Narendra Modi. Following the approval, the Central Government is likely to bring a constitutional amendment bill for the economically weaker sections in Parliament on Tuesday i.e. January 8, 2019.
This is a first-ever reservation proposed on an economic criterion in the history of India. The reservation benefits will be provided to those belonging to the economically weaker upper castes and earning less than Rs eight lakh per year. A constitution amendment bill to add new clauses to Articles 15 and 16 would be required as there is no provision in the constitution for reservation on economic ground. The proposed bill to become law also requires a majority of two-third members present and voting in each House. It will also have to be ratified by at least half of the state legislatures.
Among the major castes to benefit from the proposed law are Brahmins, Rajputs (Thakurs), Jats, Marathas, Bhumihars, several trading castes, Kapus and Kammas among other upper castes. The decision effectively means that those who are economically backward and fall under the general category will now be able to enjoy the benefits of reservation in government jobs, an advantage that was denied to them earlier.
A Union minister said that the bill once passed will amend the Constitution accordingly to give reservation to the poor among the general castes and classes.“The bill will provide shelter for upper castes under the rubric of fundamental rights. The court’s rule of the maximum 50% quota cannot fetter Parliament’s right to amend the Constitution,” he said.
Most Opposition parties called this move an election gimmick to fool the people and a step to consolidate upper-caste votes ahead of the Lok Sabha polls. The move comes in at a very critical time, especially when the higher castes have been weaning away from the Bharatiya Janata Party’s voter base. In a tweet, Congress Spokesperson Abhishek Manu Singhvi said that the government took the decision only three months before the model code of conduct will be put in place for the general elections. President of the All India Majlis-e-Ittehadul Muslimeen (AIMIM)Asaduddin Owaisi said “Reservations are meant to correct historical injustice to Dalits. For poverty alleviation, one may run various schemes but reservations are meant for justice. Constitution doesn’t permit reservations on economic grounds.”
However, The CPI (M) called it a welcome step with Kerala chief minister Pinarayi Vijayan saying it was a long-pending demand of the party.BJP ally and Dalit leader Ram Vilas Paswan also termed the decision by the government as “historic”.
The Supreme Court had set a cap of 50% on quotas for caste-based reservations for government jobs in its famous Indra Sawhney judgment. The proposed constitutional amendment would clear the way for the additional quota. It will be over and above the existing 50% reservation enjoyed by the Scheduled Castes, Scheduled Tribes, and the Other Backward Classes, taking the total reservation to 60%.