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105th Amendment of Indian Constitution – Background

The 105th Amendment of Indian Constitution, exceeded in 2021, offers constitutional repute to the Central Educational Institutions (CEIs) Reservation Act, making sure reservations for economically weaker sections (EWS) in admissions to valuable universities and faculties.

  1. 105th Amendment of Indian Constitution – Background 
  2. 105th Amendment of Indian Constitution – Key Provisions 
  3. 105th Amendment of Indian Constitution – Impact on OBC
  4. 105th Amendment of Indian Constitution – Role of Parliament
  5. 105th Amendment of Indian Constitution – Constitutional Changes 
  6. 105th Amendment of Indian Constitution – Importance 
  7. 105th Amendment of Indian Constitution – Judicial Interpretations 
  8. 105th Amendment of Indian Constitution – Criticisms 
  9. Frequently Asked Question (FAQs)

105th Amendment of Indian Constitution – Background

105th Amendment of Indian Constitution

  • Objective of the Amendment : The primary objective of the a hundred and fifth Amendment was to provide constitutional popularity to the 2006 Act that lets in reservation for Economically Weaker Sections (EWS) in admissions to Central Educational Institutions.
  • EWS Reservation Background : The reservation for EWS changed into introduced by means of the authorities to make sure opportunities for human beings from economically disadvantaged backgrounds who do no longer fall below the present classes of Scheduled Castes, Scheduled Tribes, or Other Backward Classes.
  • The 2006 Act In 2006 : the government enacted the Central Educational Institutions (CEIs) Reservation Act, which mandated the provision of a 27% reservation for OBCs and a 10% reservation for EWS in significant universities and establishments.
  • Need for Constitutional Validity : Although the 2006 Act became handed with the aid of Parliament, its legal reputation became challenged inside the courts. The a hundred and fifth Amendment aimed to resolve this problem and deliver the reservation provision a corporation constitutional foundation.
  • Supreme Court’s Role : In 2020, the Supreme Court puzzled the criminal status of the EWS quota in admissions, mainly concerning its applicability beneath the Indian Constitution’s reservation framework. The amendment sought to deal with these issues.
  • Introduction of the 105th Amendment : The a hundred and fifth Constitutional Amendment Bill was delivered in Parliament in 2021 to clarify and beef up the constitutional validity of the reservation coverage for EWS in academic institutions.
  • Impact on Central Universities : The amendment mainly applies to Central Educational Institutions, ensuring that EWS reservations will continue in admissions and offer possibilities to economically disadvantaged agencies at the country wide level.

105th Amendment of Indian Constitution – Key Provisions

105th Amendment of Indian Constitution

  • Inclusion of EWS Reservations in Central Educational Institutions The a hundred and fifth Amendment offers constitutional backing to the reservation for Economically Weaker Sections (EWS) in admissions to Central Educational Institutions (CEIs), consisting of central universities and schools.
  • Amendment to Article 15 The modification modifies Article 15 of the Indian Constitution, permitting the kingdom to make special provisions for the economically weaker sections of society, along current provisions for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
  • 10% Reservation for EWS The provision reserves 10% of seats in higher training institutions, such as imperative universities, for individuals belonging to economically weaker sections who aren’t covered under SC, ST, or OBC classes.
  • Reservation Applies in All Central Universities The amendment ensures that the EWS reservation applies throughout all important instructional establishments, which include Indian Institutes of Technology (IITs), Indian Institutes of Management (IIMs), and different important universities.
  • No Impact on Existing OBC, SC, and ST Reservations The advent of the EWS quota does now not have an effect on or lessen the present reservations for SCs, STs, and OBCs. The universal reservation ceiling of 50% in government educational establishments remains intact.
  • Constitutional Recognition of the CEIs Reservation Act The a hundred and fifth Amendment gives constitutional fame to the Central Educational Institutions (CEIs) Reservation Act, 2006, which had formerly been enacted by Parliament but turned into challenged on prison grounds.

105th Amendment of Indian Constitution – Impact on OBC

105th Amendment of Indian Constitution

  • No Reduction in OBC Quota The 105th Amendment of the Indian Constitution does now not lessen or affect the present 27% reservation for Other Backward Classes (OBCs) in primary instructional establishments. OBC candidates maintain to benefit from their allocated quota, which remains break free the newly introduced EWS reservation.
  • Separate and Distinct Reservation Systems The amendment guarantees that the 10% reservation for Economically Weaker Sections (EWS) is absolutely break away the OBC quota. EWS is primarily based on economic criteria, at the same time as OBC reservations are based on social and academic backwardness. This keeps the integrity of each reservation structures.
  • No Crossover Between EWS and OBC Quotas Individuals who qualify for both OBC and EWS advantages will not acquire twin advantages. If someone belongs to each categories, they’ll have to pick out among the OBC quota and the EWS reservation. The change clarifies that the two quotas can’t be mixed.
  • Clarification of Reservation Ceiling The reservation ceiling of 50% stays unchanged, that means that the blended reservations for SC, ST, OBC, and EWS cannot exceed this restriction in any academic group. The creation of the EWS quota does no longer result in a discount of the OBC percentage.
  • Increased Competition for OBC Candidates While the change does no longer reduce the OBC quota, the addition of a 10% reservation for EWS applicants could increase competition in wellknown category seats. OBC applicants may face greater competition for non-reserved seats, as the EWS applicants will occupy some of the ones.
  • Affirmation of OBC Rights The one hundred and fifth Amendment reinforces the rights of OBCs via ensuring that their reservation continues to be blanketed beneath the Constitution.

105th Amendment of Indian Constitution – Role of Parliament

105th Amendment of Indian Constitution

  • Introduction of the Amendment Bill The a hundred and fifth Amendment turned into brought in Parliament to provide constitutional fame to the reservation for Economically Weaker Sections (EWS) in academic establishments. Parliament performed a critical position in framing and debating the modification to ensure its legality and effectiveness.
  • Approval of the ten% EWS Reservation Parliament debated and authorised the reservation of 10% for economically weaker sections in critical educational institutions, ensuring that people from economically disadvantaged backgrounds ought to get admission to better schooling and possibilities.
  • Constitutional Modification The Parliament exceeded the modification to alter Article 15 of the Constitution, which addresses discrimination primarily based on caste, intercourse, faith, and vicinity of start. The amendment allowed for the inclusion of financial criteria for reservation in training.
  • Protection of Existing Reservations While debating the amendment, Parliament ensured that the creation of EWS reservation might now not adjust or reduce the prevailing 27% reservation for Other Backward Classes (OBCs), Scheduled Castes (SCs), or Scheduled Tribes (STs). This safeguarded the rights of these groups.
  • Legislative Scrutiny and Debate Parliament carefully scrutinized the provisions of the amendment, discussing its prison, social, and monetary implications. MPs raised worries and pointers, making sure that the amendment might have a fine effect at the targeted organizations with out infringing upon existing rights.
  • Ensuring Legal Validity Parliament’s approval changed into essential in giving the reservation policy for EWS a solid constitutional foundation, thereby addressing prison challenges regarding its status and applicability.

105th Amendment of Indian Constitution – Constitutional Changes

A 105th Amendment of Indian Constitution

  • Modification of Article 15 The one hundred and fifth Amendment modifies Article 15 of the Indian Constitution, which prohibits discrimination at the grounds of religion, race, caste, intercourse, or vicinity of beginning. The modification lets in the state to make unique provisions for the economically weaker sections (EWS) of society, extending the scope of reservation in academic establishments primarily based on economic criteria.
  • Insertion of Economic Criteria for Reservation The amendment introduces a provision for reservation based on financial criteria. It permits the authorities to offer reservations to individuals from economically deprived backgrounds who aren’t part of the Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC).
  • Constitutional Status to EWS Reservation The modification grants constitutional repute to the 10% reservation for EWS in Central Educational Institutions (CEIs), such as universities and different higher schooling institutions. It ensures that the policy of supplying reservations to economically weaker sections is legally valid and constitutionally protected.
  • No Impact on OBC, SC, and ST Reservations The change does no longer adjust the existing reservation machine for OBCs, SCs, and STs. The provisions for OBC reservation (27%) and reservations for SCs and STs in academic institutions remain intact, for that reason keeping the general reservation limit.
  • Article 16(6) – Reservation in Employment Although the primary cognizance of the amendment is on instructional reservations, the change has implications for Article sixteen as nicely. Article sixteen(6) lets in the kingdom to make special provisions for the economically weaker sections in authorities jobs.

105th Amendment of Indian Constitution – Importance

Aspect Importance
Economic Inclusivity The amendment ensures that economically weaker sections (EWS) of society, not covered by caste-based reservations, get access to educational opportunities.
Strengthening Reservation System It expands the reservation framework by introducing an economic criterion, thus providing a broader basis for affirmative action beyond caste.
Constitutional Backing for EWS The amendment provides constitutional validity to the 10% reservation for EWS in central educational institutions, ensuring its long-term sustainability.
No Impact on Existing Quotas The EWS reservation is introduced without disturbing or reducing the existing reservations for SC, ST, and OBC categories, preserving the existing affirmative action framework.
Legal Protection By amending the Constitution, the EWS reservation policy is protected from legal challenges, ensuring its legitimacy and robustness in courts.
Access to Higher Education The amendment guarantees that economically disadvantaged individuals will have increased access to higher education, which can improve their socio-economic status.
Promoting Social Justice It furthers the objective of social justice by addressing economic inequalities, providing marginalized individuals with better opportunities for education and employment.
Enhancing Educational Opportunities The reservation in central universities and colleges ensures that the marginalized groups benefit from quality education, which might otherwise be inaccessible due to financial constraints.
Fulfilling Constitutional Mandates The amendment aligns with the Constitution’s goal of creating a more inclusive society, providing a fair opportunity to those who are economically disadvantaged.
Encouraging Economic Empowerment By offering educational opportunities to economically weaker individuals, the amendment fosters economic empowerment and helps break the cycle of poverty through education.

105th Amendment of Indian Constitution – Judicial Interpretations

Judicial Interpretation Details
Constitutionality of EWS Quota The Supreme Court of India upheld the 10% reservation for Economically Weaker Sections (EWS) under the 105th Amendment, affirming its constitutional validity in educational institutions. The court clarified that the EWS reservation was based on economic criteria and did not violate the basic structure of the Constitution.
EWS Reservation Not to Overlap with OBC Quota The Supreme Court made it clear that the EWS reservation was distinct and separate from the OBC quota, ensuring that there would be no overlap. The court emphasized that EWS benefits are based on economic status, not caste.
Limits of Reservation The court observed that the overall reservation limit, including EWS and other categories, should not exceed the 50% ceiling. It held that the amendment did not alter this constitutional limitation, maintaining the balance of reservations in India.
EWS and Non-Backward Classes In its interpretation, the judiciary stressed that the EWS reservation was for individuals who are economically disadvantaged, but not part of any existing reserved categories (SC, ST, OBC), reinforcing that the amendment did not disrupt the existing affirmative action framework.
Affirmative Action for Economic Backwardness The courts highlighted that the 105th Amendment aims to address economic backwardness, thus promoting social justice for those facing financial hardship, even if they do not belong to a particular caste or tribe.
Judicial Scrutiny of Policy Changes Judicial scrutiny ensures that the implementation of the EWS policy adheres to constitutional principles, including the right to equality. The courts continue to examine whether the policy meets the broader objectives of fairness and justice.
Interpretation of “Economically Weaker Sections” The Supreme Court has not specified a precise definition of EWS but has left it to the government to decide the criteria based on income and assets. Courts will assess the reasonableness of the criteria in future cases.
Exclusion from Reservation for EWS The court affirmed that the EWS reservation should be provided to individuals not covered under any existing reservation categories (SC, ST, OBC), ensuring that those who are economically disadvantaged but belong to the general category also benefit.
Impact on Judicial Review of Reservations The judiciary clarified that while economic criteria could be used to grant reservations, any future amendments to reservation laws must comply with the basic structure doctrine, ensuring that it does not violate the fundamental principles of the Constitution.
Future Challenges and Legal Validity The courts indicated that future legal challenges might arise on the validity of the EWS criteria or its implementation, suggesting that they would continue to evaluate the amendment in light of evolving social and economic realities.

105th Amendment of Indian Constitution – Criticisms

Criticism Details
Exclusion of OBCs from EWS Reservation Critics argue that the EWS reservation does not include OBCs, who, despite being economically disadvantaged, may not qualify under the EWS criteria. This exclusion may perpetuate the socio-economic disparity within backward classes.
Economic Criteria Over Caste-Based Reservation Some argue that the economic criteria for reservation might dilute the effectiveness of caste-based reservations, which were originally designed to address social discrimination, not just economic backwardness.
No Clear Definition of EWS The amendment leaves the definition of EWS unclear, leading to inconsistencies in implementation. Critics contend that the lack of a concrete, uniform definition allows for arbitrary decisions on who qualifies as EWS.
Limited Scope of Economic Justice The EWS reservation may only benefit the upper sections of the economically backward groups, leaving the most impoverished individuals ineligible. This may fail to address the deeper issues of economic inequality.
Potential for Overlap with General Category There is concern that the EWS reservation may overlap with the general category, thereby reducing opportunities for those truly belonging to the general pool of candidates, especially in highly competitive exams.
Social Justice Concerns Many believe that the amendment undermines the goal of social justice, as it prioritizes economic criteria over social and educational backwardness, potentially neglecting those who face entrenched caste-based discrimination.
No Increase in Total Reservation Limit Although the amendment introduces a 10% EWS reservation, critics argue that no increase in the overall reservation limit (50%) means that the EWS quota may result in a reduction of available seats for other categories.
Weakening of Affirmative Action Some believe that the introduction of the EWS quota represents a shift towards a merit-based system, undermining long-standing affirmative action policies designed to address caste-based inequalities.
Lack of Empirical Data Critics argue that the government has not provided enough empirical data or studies that prove the effectiveness of EWS reservations, raising doubts about the policy’s impact on actual social and educational upliftment.
Disadvantage to Poor from Reserved Categories Individuals from OBC, SC, and ST categories who are economically disadvantaged but not eligible for EWS reservations may find themselves further marginalized, as they cannot avail themselves of the benefits of either system.
 

Freqently Asked Questions (FAQs)

Q1: What is the 105th Amendment of the Indian Constitution?

Ans: The 105th Amendment of the Indian Constitution, passed in 2021, provides for a 10% reservation for Economically Weaker Sections (EWS) in educational institutions and government jobs, based on economic criteria.

Q2: What does the 105th Amendment address?

Ans: The amendment addresses the need for reservation based on economic criteria for the EWS category, which was previously not recognized under the reservation system, alongside existing provisions for SC, ST, and OBC reservations.

Q3: Does the 105th Amendment affect existing reservations?

Ans: No, the amendment does not disturb the existing reservations for SC, ST, and OBC. The EWS reservation is additional and operates separately from the caste-based reservations.

Q4: Who qualifies for EWS reservation under the 105th Amendment?

Ans: Individuals from the general category who are economically disadvantaged, with an annual income below a certain threshold (currently ₹8 lakh), and not falling under any other reserved category, qualify for EWS reservations.

Q5: What is the percentage of seats reserved under the EWS category?

Ans: The EWS category is granted 10% reservation in educational institutions and government jobs under the 105th Amendment, ensuring opportunities for economically weaker sections.

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