10% reservation comes into force The Act amends Articles 15 and 16 of the Constitution, by adding a clause which allows states to make “special provision for the advancement of any economically weaker sections of citizens”.
New Delhi, Jan. 14: The constitutional provision to provide 10 per cent reservationin government jobs and education to economically backward section in the general category has come into force Monday, a government notification said.
The Constitution (103 Amendment) Act, 2019 received the assent of the President on Saturday. “In exercise of the powers conferred by sub-section (2) of section 1 of the Constitution (One Hundred and Third Amendment) Act, 2019, the Central government hereby appoints January 14 as the date on which the provision of the said Act shall come into force,” a gazette notification by the Ministry of Social Justice and Empowerment read.
The Act amends Articles 15 and 16 of the Constitution, by adding a clause which allows states to make “special provision for the advancement of any economically weaker sections of citizens”.
These “special provisions” would relate to “their admission to educational institutions, including private educational institutions, whether aided or unaided by the state, other than the minority educational institutions”.
It also said the reservation would be “in addition to the existing reservations and subject to a maximum of 10 per cent of the total seats in each category”.
The bill was passed by
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Parliament on January 9.
“For the purposes of this article and article 16, ‘economically weaker sections’ shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage,” the notification read.
Amendment of Article 16 stated, “Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent of the posts in each category.”
While introducing the bill in Parliament, Union minister Thaawarchand Gehlot had said that at present, the economically weaker sections have largely remained excluded from attending the educational institutions and public employment on account of their financial incapacity.