General category booking in India

In January 2019, the Union Council of India approved a 10% reservation in government jobs and educational institutions for Economically Weaker Sections (EWS) in the General category. It was tabled in Lok Sabha on January 8 as the One Hundred and Three Amendments to the Constitution Bill, 2019 and passed the same day, it was passed by the Rajya Sabha the next day (January 9). The president gave his assent to the bill on January 12, and with the publication of a gazette, it became law, coming into force on January 14, 2019.

He amended Articles 15 (6) and 16 (6) of the Indian Constitution to allow 10% reserves in the SAP category. While clarifying the meaning of various terms, the definition of family in the SAP means “the person requesting the benefit of the reservation, his parents and siblings under the age of 18 and must qualify the other conditions which include; a. annual family income must be less than Rs. 8 lakhs, b. their family must not own more than five acres of farmland, c. the flat residential area must be less than 1000 square feet, d. the area of ​​the residential plot must be less than 100 square meters if it is in a notified municipal area, and e. the area of ​​the residential plot must be less than 200 square meters if it is in an unreported area of ​​the municipality. Under it, state governments are empowered to change the eligibility criteria and further extend the income limit for applicants seeking reservations in the EWS category, which will only be valid at public colleges and universities. State government jobs deemed appropriate for the respective states.

The advanced caste in Indian society and politics, called general category, general class, and open category, was normally used to refer to those castes whose members are on average ahead of other Indians economically and socially and by estimate. of the National Sample Survey Organization of 55.e round (1999-2000) and 61st (2004-2005) it represents about 28.8% of the Indian population. Prior to 2019, advanced castes were only allowed to compete for seats in the full category in educational institutions and central government jobs, regardless of their educational / economic status in society, while their percentage important lived below the poverty line, and more than 30 percent of members are still illiterate.

On behalf of this community, many political parties such as the Bhartiya Janata Party (BJP), the Samajwadi Party, the Lok Jan Shakti Party, the Rastriya Janata Dal, the Communist Party of India (Marxist) and the Bahujan Samaj Party have spoken in favor of a separate reserve for the advanced community poor. In the context, the first initiation was taken in 1991 by the Congressional government led by PV Narasimha Rao, but the idea was later scrapped in light of a ruling by the Supreme Court of India which ruled that the separate reserve for the poor among advanced castes is invalid.

In a further step, the BJP government appointed in 2003 a group of ministers to suggest measures for the implementation of the separate reserve, followed by the establishment of a working group in 2004 to determine the modalities, and the same year the UPA promised in its electoral manifesto to give a quota for the economically weaker sections (EWS), and as a follow-up, the congressional government appointed a commission to study a separate reserve for the economically poor among the backward classes. In India,

The entire exercise of the work has been done keeping in mind the objective of the guiding principles of state policy as contained in Article 46 of the Constitution which enjoins the State to promote with particular care the educational and economic interests of the weakest layers of the population. , and in particular, of the listed castes and the listed tribes and will protect them against social injustices and all forms of exploitation, as now amended article 16: “Nothing in this article prevents the State from provide for the reserve of appointments or posts in favor of any economically weaker category of citizens other than the classes mentioned in article (4), in addition to the existing reserve

Tamil Nadu is the only state where the condition of the advanced castes is very bad and they are also represented in government jobs and educational institutions minimally compared to their total population in the state. According to an estimate made in 2004-2005, compared to 13 percent of their population, they obtained around 1.9 percent of medical school seats in 2004 and 2.68 percent of seats in 2005, and this trend s has continued over the past 10 years.

Almost the same situation prevailed in other southern Indian states like Karnataka and Kerala, but the Communist government of Kerala had reserved 12 percent of seats in private medical schools for the economically poor among the advanced castes. . Likewise, we do not find any similarity between the number of CBOs and the population of Forward in the states and there are many, such as Jammu and Kashmir, Himachal Pradesh, Goa, Maharashtra, Punjab and West Bengal where the CBO population is less than 27 percent while on the other are Assam, Goa, Haryana, Himachal Pradesh and Uttarakhand, which have more than 50 percent cent of the advanced population.

According to a notification to the Official Gazette, the 10 percent reserve for the general category came into effect on January 14, 2019 and was conferred by subsection (2) of section 1 of the Constitution which allows states to make special arrangements for the advancement of all the weaker layers of citizens. In India, the Economically Weaker Section (EWS) is a subcategory of people belonging to the unqualified economic category with an annual family income of less than 8 lakhs and who do not belong to any category such as SC / ST / OBC list central. The new special provisions of Articles 15 and 16 allowed the admission of advanced castes to educational institutions, including private educational institutions, with or without state assistance, other than educational institutions. minority education. He also said it would be in addition to existing bookings and would be subject to a maximum of 10 percent of the total number of seats in each category.

The entire exercise of the work was done keeping in mind the objective of the guiding principles of state policy as contained in Article 46 of the Constitution which enjoins the State to promote with particular care the educational and economic interests of the weakest layers of the population. , and in particular, of the listed castes and the listed tribes and will protect them against social injustices and all forms of exploitation, as now stipulated in the amended article 16: “Nothing in this article prevents the State from provide for the reserve of appointments or posts in favor of any economically weaker category of citizens other than the classes mentioned in paragraph (4), in addition to the existing reserve.