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Reservation Bill: Once the new quota comes into effect, job aspirants from general category could enjoy similar relaxations given to OBC candidates.The OBC candidates currently have an upper age limit of 35 years and nine attempts to crack civil services examination while candidates from the general category have an age limit of 32 years and are allowed only six attempts.




Modi government’s decision to give 10% job quota to economically weaker sections will fundamentally alter the options available to millions of candidates in general category, who will enjoy relaxations in terms of age limit and number of attempts to apply for government jobs, including prestigious and highly coveted civil services.

Once the new quota comes into effect, job aspirants from general category could enjoy similar relaxations given to OBC candidates. The OBC candidates currently have an upper age limit of 35 years and nine attempts to crack civil services examination while candidates from general category have an age limit of 32 years and are allowed only six attempts. For SC/ST candidates, upper age limit is 37 years and there is no limit on the number of attempts.


“The government will bring in another bill that will deal with all these aspects,” said a senior BJP leader in the Rajya Sabha who is aware of the development.



As per the initial indications, the government is set to follow the rules applicable to other backward class candidates. The proposal cleared by the union cabinet that cleared a constitutional amendment bill on 7th January as an enabling provision referred to an annual household income of up to Rs. 8 lakh for determining the economic backwardness of a candidate from general category. This is exactly the same for determining the creamy layer for other socially and educationally backward class (OBC) candidates.



The government is likely to follow the same set of parameters for economically weaker sections (general category candidates) as are being followed for other socially and educationally backward classes (OBC candidates not falling in creamy layer category), otherwise there could be legal issues. Article 14, 15 and 16 of Indian Constitution prohibit the State from discriminating among citizens on the grounds of religion, race, caste, sex or place of birth and also ensure equality before law and equality in matters of public employment.


Therefore, it will be difficult for any government to have two set of parameters for household income, land holding or other criterion of economic disadvantages or two different sets of age-limits and maximum number of attempts for two sets of candidates from similar but different categories – general category candidates from economically weaker sections of the society (poor upper caste candidates) and socially and educationally backward class candidates (OBCs).


The government will most likely introduce a detailed bill in the upcoming budget session that will deal with all these aspects of 10% quota for general category candidates. The session is expected to start from 31st January and the government will push through its pending legislative business in this two week long session which will be the last one before general elections due in April-May this year.



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Lok Sabha passed the Constitution (124th Amendment) Bill 2019 to provide 10 per cent reservation in jobs and educational institutions to economically backward section in the general category. The bill was passed with 323 votes in favour and 03 against the bill. It has sought to provide a 10% quota for economically weaker sections in public employment and educational institutions.


The proposed reservation will be over and above the existing 50 per cent reservation enjoyed by the Scheduled Castes, Scheduled Tribes and the Other Backward Classes, taking the total reservation to 60 per cent. The government will amend Articles 15 and 16 which are on discrimination and equal opportunity of the Constitution to implement it.


If The bill is not passed by both the houses within the terms of this Lok Sabha,

It will Lapse. The bill have to be ratified by at least half the state assemblies. As the Constitution is amended to add add economic and Backward as ground for reservations, It will have to pass the judicial review of the supreme court.

Four issues arise of this Bill:


(i) Can reservation be provided for EWS from among forward classes?

(ii) Can the Rs 8 lakh per family per annum income cut-off be right?

(iii) Can the threshold of 50% be increased to 60%? (iv) Are EWS a homogenous group? Why do we have reservation quotas at all?


income Narendra Modi Upper castes General Elections economically deprived sections
Reservation in Upper castes


As it is Constitution Amendment Bill (CAB) will have to be passed by two-thirds of the MPs present and voting. If enacted, the 50% limit on total reservation laid down by the Supreme Court will be breached. In Indra Sawhney case (1992), a nine-judge bench majority ruled that economic criteria cannot be exclusively used (six judges). Three dissenting judges wanted reservation only on economic criteria and no other kind.


Government needs address Real Problems in our society which hampers Employment opportunities to millions of youth. Our economy is on the down side. Trade war between America & China is on the rise that decreases rupee value against US Dollar. There are lot things like Bad loans, Farmers Distress, Environmental Issues which needs to be addressed with priority


The politics behind the move


The ruling BJP party hopes that the bill will help consolidate the general castes in its support as it begins campaign for the Lok Sabha elections scheduled in April-May. Political watchers believe that sections of the upper castes had drifted from the party of late following its aggressive push to win over backward classes and Dalits.



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