STATEMENT OF OBJECTS AND REASONS
At present, the economically weaker sections of citizens 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 benefits of existing reservations under clauses (4) and (5) of article 15 and clause (4) of article 16 are generally unavailable to them unless they meet the specific criteria of social and educational backwardness.
2.The directive principles of State policy contained in article 46 of the Constitution enjoins that the State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
3. Vide the Constitution (Ninety-third Amendment) Act, 2005, clause (5) was inserted
in article 15 of the Constitution which enables the State to make special provision for the
advancement of any socially and educationally backward classes of citizens, or for the
Scheduled Castes or the Scheduled Tribes, in relation to their admission in higher educational institutions. Similarly, clause (4) of article 16 of the Constitution enables the State to make special provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
4. However, economically weaker sections of citizens were not eligible for the benefit
of reservation.With a view to fulfil the mandate of article 46, and to ensure that economically weaker sections of citizens to get a fair chance of receiving higher education and participation in employment in the services of the State, it has been decided to amend the Constitution of India.
5. Accordingly, the Constitution (One Hundred and Twenty-fourth Amendment) Bill,
2019 provides for reservation for the economically weaker sections of society in higher
educational institutions, including private institutions whether aided or unaided by the
State other than the minority educational institutions referred to in article 30 of the
constitution and also provides for reservation for them in posts in initial appointment in
services under the State.
6. The Act seeks to achieve the above objects.
January 14, 2019, the Act came into force
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Constitution (One Hundred and Twenty- fourth Amendment) Act, 2019.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In article 15 of the Constitution, after clause (5), the following clause shall be inserted, namely:—
‘(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause
(2) of article 29 shall prevent the State from making,—
(a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and
(b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.
Explanation.—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.’.
3. In article 16 of the Constitution, after clause (5), the following clause shall be inserted, namely:—
“(6) 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.”.
Rajya Sabha on Jan 09, 2019 passed the Constitution 124th Amendment Bill 2019 providing 10 percent reservation in jobs and educational institutions to general category people with a thumping majority. 165 members voted in favor and only 7 voted against it. The motion was moved by AIADMK, left parties and others to refer the bill to the Select Committee was negated. Lok Sabha had already passed it. The bill now goes to the President for his assent to become a law. President Ram Nath Kovind on Saturday Jan 09, 2019 gave his assent to the bill.