Tuesday, January 8, 2019

Dinesh Kamath's Editorial '10% reservation for upper caste – a good idea' that was published in Newsband


10% reservation for upper caste – a good idea
A proposed law got Cabinet approval to provide 10% reservation for upper castes (or the unreserved category) exclusively with reference to their economic backwardness. If the government proposes to bring a constitutional amendment to include the 10% quota for “unreserved economically weaker sections”, the 13-judge Kesavananda Bharati judgment may stand in the way.
The government, it is reported, proposes to bring the 10% over and above the 49.5% quota — 15% for Scheduled Castes, 7.5% for Scheduled Tribes and 27% for Socially and Educationally Backward Classes, including widows and orphans of any caste, which is permitted. But a total 59% (49%+10%) quota would leave other candidates with just 41% government jobs or seats. This may amount to “sacrifice of merit” and violate Article 14.
The court observed that the “unreserved category itself is a class” and economic criteria was too fluctuating a basis for providing quota.
The government’s deciding to give 10% reservation to upper caste in the economically backwards section is a good step to maintain the development of the nation. But this reservation should had been carved out from the 49% seats reserved for the SC/ST/OBC
It is a wonderful move by central government. It will help many economically backward communities. The opposition parties are likely oppose it. The opposition parties can tend to be unethical. Hope that this move by Modi's government passes through without hurdle. Even if it goes to Supreme Court, the judges should not oppose it as it will help many middle class families.

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