Upper caste reservations: Central Cabinet approval for 10% reservation for upper castes

Upper caste reservations

Befor to the Lok Sabha elections, the Union Cabinet has approved 10% reservation in government jobs and higher education for “economically backward” classes in the General category.

Read in English : Upper caste reservations (उच्च जाति आरक्षण)

In order to give reservation to the upper castes by the Modi government, a constitution will need amendment. For this, amendment will be done in Article -15 and Article -16. After making changes in these paragraphs, the way to give reservation on an economic basis will be clear. This Constitutional Amendment Bill will be presented in parliament on Tuesday, on the last day of the winter session.

Article 15

Annexure-15 mentioned in the Indian constitution prohibits discrimination only on the basis of religion, ethnicity, caste, sex, place of birth. Regarding the free entry in part of the public or other public spaces or public places run by the Government of India in part or completely, it is enforceable against the state as well as private individuals. However, under the 93rd Constitutional Amendment Act 2006, special provisions have been made for educationally backward classes, under which reservation has been made for Scheduled Caste (SC), Scheduled Tribes (ST), Minority Sections (OBC) . This exception has been made because the people mentioned in this category are considered deprived and their rights need special protection.

Article 16

The State mentioned in the Indian Constitution shall not discriminate on the basis of religion, caste, sex, birthplace, place of residence, citizens, but exceptions can be made on the basis of religion in religious institutions. For example, the government has built trust for the temple mosque and has given the right of appointments to the people of particular religion.

Parliament may make reservations on the place of residence in case of backward areas.

Reservation provision

  • Annual income is less than 8 lakhs.
  • Have less than 5 acres of farming land
  • In rural areas there is less than 1000 sq.ft. house.
  • Less than 109 yards of protected land in the municipal corporation.
  • The corporation has a non-authorized land of less than 209 yards and does not yet come under any kind of reservation.

Earlier, in 2014, the Manmohan Singh-led UPA Government had announced the benefits of reservation by joining the Jats in other backward classes (OBC) right before the 2014 Lok Sabha elections, but in 2015, the Supreme Court Dismissed the decision.

The Supreme Court said in its decision that not only the caste can be formed for backwardness.

Note:

At present, 27% reservation for the Other Backward Classes and 22% for Scheduled Caste and Scheduled Tribe is done in both the Central and the States.

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