It is up to States to provide 10% EWS quota: Centre-The Hindu-08-01-2020

Abstract:

The Centre has informed the Supreme Court that it would be the States’ prerogative to provide 10% economic reservation in government jobs and admission to educational institutions.

Overview:

Whether or not to provide reservation to the economically weaker section in appointment to State government jobs and admission to State government educational institutions, as per provisions of the newly inserted Articles 15(6) and 16(6) of the Constitution, is to be decided by the State government concerned,” the Centre said in an affidavit.

The Centre was responding to a writ petition from Supreme Court advocate G.S. Mani complaining that the economic reservation law was not being implemented in Tamil Nadu and Karnataka.

As per the notification issued by the Department of Personnel and Training in January 2019, persons whose family has a gross annual income below 8 lakh are identified as those belonging to the economically weaker section.

It said the 10% reservation law was enacted to promote the welfare of the poor not covered by the 50% reservation policy for the Scheduled Castes and the Scheduled Tribes and the Socially and Educationally Backward Classes.


Details:

In an affidavit, the Centre said: “Whether or not to provide reservation to the economically weaker section in appointment to State government jobs and admission to State government educational institutions, as per provisions of the newly inserted Articles 15(6) and 16(6) of the Constitution, is to be decided by the State government concerned.”

However, the Centre said its Department of Social Justice and Empowerment “has no role in deciding the reservation policy of any State government”.

It has been nearly six months since a Bench, led by Justice Sharad A. Bobde, now the Chief Justice of India, had reserved orders on the preliminary question that whether a bunch of writ petitions challenging the economic reservation law should be referred to a Constitution Bench.

The petitions have challenged the validity of the law, saying the 50% quota limit is part of the basic structure of the Constitution, and the new law has tinkered with it.