Constitution (103rd Amendment) Act, 2019 enacted creating 10% additional reservation for economically weaker sections

The President on 12-01-2019 assented to the Constitution (One Hundred and Twenty- fourth Amendment) Bill, 2019. It was passed by the Rajya Sabha on 09-01-2019 as The Constitution (One Hundred and Twenty- fourth Amendment) Bill, 2019.

Highlights of the Act are as under:

Amendment of Article 15:

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.

Amendment of Article 16:

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.”

Explanation.—For the purposes of Article 15 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.’

2 comments

  • Avatar

    Hi Devika,
    As far as my point of view any reservation such only be given to an economically weak section of society whichever section of caste, creed, the religion he or she belongs.

  • Avatar

    It is difficult to define economically weaker ‘sections’. Even defining economically weaker families or individuals is difficult. As fortunes keep on swinging, beneficiaries would keep on swinging in an out of eligibility.

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