Our Mission…Har Ghar-Har Man Constitution
Nurkhan Pathan
Part – 39
Part-III: Fundamental Rights
Right to Equality
We are trying to learn about Article-15 which gives the right to equality by eradicating all forms of discrimination from the government level. In the previous sections we have looked at clauses (1) to (5) of Article-15 in detail. In today’s episode let us try to know about Clause (6) of Article-15 which deals with providing educational reservation to Economically Backward Classes (EWS)….
Through Article-15, provision has been made for reservation in education for socially and educationally backward classes in the society. In the previous parts, we have learned in detail about the provisions made regarding the educational reservation of Scheduled Castes, Scheduled Tribes and Other Backward Class students through clauses (4) and (5). Now apart from these classes, other members of the society are considered as open categories. Clause (6) was added in Article-15 by the 103rd Amendment to our Constitution in 2019 to provide reservation in educational institutions as well as government jobs for economically backward students belonging to such open categories. On 8th January 2019, the Bill was introduced in the Lok Sabha and on the same day it was passed. It was approved in the Rajya Sabha on the very next day i.e. January 9 and was signed by His Excellency the President on January 12. As soon as this bill was gazetted, it became a law and came into effect from 14 January 2019.
.In Clause (6) added to Article-15, provision has been elaborated through two sub-clauses for providing educational reservation to economically backward students of open category. What exactly is provided in this Clause (6), let us see from its legal sentence as it is….
Article-15:- Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth….
Clause (6) :- Anything in this Article or in sub-clause (g) of clause (1) of Article-19 or in clause (2) of Article-29,-
Clause (c) :- from making any special provision for the upliftment of any economically weaker section of citizens other than the classes mentioned in clauses (4) and (5); And
Clause (b):- Any special provision for the upliftment of any economically weaker section of citizens other than the classes mentioned in clauses (4) and (5), in the case of reservation, which shall be without existing reservation and subject to a ceiling of ten per cent of the total number of seats in each categoryfrom doing so, where such special provisions relate to admission to educational institutions, including private educational institutions other than minority educational institutions specified in clause (1) of Article-30, whether or not they receive subsidy from the State,
Will not prevent the state.
Clause (6) has been introduced as ‘by reason of anything contained in this Article or in clause (1), sub-clause (g) of Article-19,…’. This clearly means that even though discrimination on grounds of religion, race, caste, sex or place of birth is prohibited under the provisions of Article-15, particularly clauses (1) and (2), Article-19 clause Sub-clause (g) of (1) which provides for the fundamental right to livelihood(We are going to see all its clauses and sub-clauses in detail while looking at Article-19), according to it, if the members of the society from the economically backward classes of the open category want to take professional education (D.ed, B.ed, engineering, medical, law…..etc) If so, expressly for them in Clause (6)It has been provided that in Clause (1) of Article-30, the Government may also provide for reservation for the economically backward classes in the open category in all educational institutions other than the educational institutions which are declared as minorities on the basis of religion or language. Whether those organizations receive government subsidies or not. But this provision of reservation shall be without existing reservation and shall be subject to a maximum of 10% of the total seats in each category. That is, in short, 10% educational reservation will be given for economically backward open category students.
Following this constitutional amendment, the government passed the 124th constitutional amendment in 2019 itself to provide 10% reservation in government jobs and education to the economically backward of the open classes. Students in this category were considered as EWS category. EWS stands for Economically Weaker Sections. Individuals whose family income is less than 8 lakhs per annum can get this reservation in education and employment under EWS.
Of course, this 103rd constitutional amendment was also challenged in the Supreme Court. About 40 petitions were filed in the Supreme Court in this regard. The matter was assigned to a 5-judge bench. A bench headed by Chief Justice Uday Lalit upheld the 103rd Amendment, paving the way for 10% reservation for economically backward students in the open category.
respectively….
Question No.:-39
1) Clause (6) was added to Article-15 by the 1st Amendment.
2) Clause (6) of Article-15 shall come into force from the date of …
3) How much EWS reservation has been given and to whom?
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