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ET Explains: What is Constitution (One Hundred And Twenty-Fourth Amendment) Bill, 2019?

Amendment carves up additional quota for poor not under SC/ST, OBC categories

  • 10% seats reserved for poor in higher education institutions, including private aided or unaided institutions
  • 10% state jobs reserved for poor. Reservation only in initial appointment
  • 10% reservation for ‘economically weaker sections’ will be in addition to the existing reservation

Articles 15 & 16 amended

  • New clause 6 inserted in Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth)
  • New clause 6 inserted in Article 16 (Equality of opportunity in matters of public employment)

Govt to notify who is poor

  • ‘Economically weaker sections’ to be defined by the State from time to time on the basis of family income and other indicators of economic disadvantage

Government’s reasoning for bringing in the legislation

  • Poor citizens outside the SC, ST and OBC categories are unable to compete with those who are better off
  • Reservation benefits in line with the directive principles of state policy which call for extending help to the weaker sections

No need for ratification by states as extension of reservation to (non-SC/ST-OBC) poor not listed in Art 368(2)

  • While motions for introduction of Constitution Amendment Bills are adopted by simple majority, a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting is required for adoption of effective clauses and motions for consideration and passing of these Bills

In Video: EWS Reservation: Constitution (One Hundred and Twenty-Fourth Amendment) Bill, 2019, explained