Article 16 Current Affairs - 2019

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103rd Constitutional Amendment Act: Key Facts

President Ramnath Kovind has given the assent to the 124th constitutional Amendment Bill (which is now Constitution 103rd amendment Act) providing 10 per cent reservation for economically weaker sections.

Key Facts about the 103rd Constitutional Amendment Act

The Important components of the 103rd constitutional Amendment are:

  • The amendment changed two fundamental rights, Article 15 and 16. The amendments provide for the advancement of the “economically weaker sections” of the society.
  • The amendment aims to fulfil the commitments of the directive principles of state policy under Article 46, to promote the educational and economic interests of the weaker sections of the society.

Criterion for Reservation

  • People who have an annual income of less than Rs.8 lakhs, or
  • People who own less than five acres of farm land, or
  • People who have a house lesser than 1,000 sq feet in a town (or 100 sq yard in a notified municipal area).
  • The constitutional amendment is yet to pass the judicial scrutiny since the Supreme Court had set the cap of 50% on reservations.
  • ‘Youth for Equality’ has questioned the constitutional validity of the 103rd constitutional amendment act which was passed by the both the Houses of Parliament after being presented as the Constitution (124th Amendment) Bill, 2019.
  • The example of Tamil Nadu is been cited to propose that there are ways and means to protect the amendment from the Supreme Court declaring it unconstitutional.

Gujrat has become the first state to implement the 10% quota reserved for people from economically weaker sections proposed under the 103rd constitutional amendment act.

Month: Categories: NationalUPSC

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Lok Sabha passed 124th constitutional amendment bill to provide reservations to the economically weaker sections

The Lok Sabha has passed the 124th constitutional amendment bill to provide reservations to the economically weaker sections.  The central government is planning to introduce a ten per cent reservation for those belonging to economically weaker sections of society.

Features of the Bill

The features of the 124th constitutional amendment bill are:

  • The Bill states that people from the economically weaker sections of the society 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 Bill is brought into to fulfil the commitments under the Directive principles of the state policy listed in the Article 46 of the Constitution which urges the government to protect the educational and economic interests of the weaker sections of society.
  • The Bill amends Article 15 of the Constitution to provide reservations to economically weaker sections for admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions
  • The Bill also amends Article 16 of the Constitution to provide reservations to people from economically weaker sections in government posts.
  • The Bill caps the reservation to economically weaker sections at 10%.
  • The Bill states that the criterion for the economically weaker sections would be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.

The government has stated that the bill is part of the government’s endeavour to ensure that every poor person, irrespective of caste or creed gets to lead a life of dignity, and have access to all possible opportunities.

Month: Categories: Bills & ActsUPSC

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