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With the Lok Sabha Elections coming up all the political parties have started their preparation by way of Rally and Yath Yatra whereas the BJP Govt tried to secure votes from the upper castes through it “Sabka Quota” Bill. The government on the last day of the Winter Session of Lok Sabha, on 8th January had put its hidden card on the Lok Sabha table by providing reservation of 10% to the Economic Weaker Sections of the society. The Sabka Quota bill introduced provides reservation in jobs and higher educationto the Economic Weaker Section of the society. The Bill however lays down the fundamental rules and lays down certain criteria for availing the quota benefit.
This bill that brings in 124th Amendment to the Indian Constitution was passed in the Lok Sabha with ratio of 319:4 where 319 voted in favor of the bill and in Rajya Sabha with ratio of 165:7 where 165 were in favor of the bill.
The opposition remarked the Sabka Quota bill as “Political Stunt by Modi Govt”, “fake bill”, “it’s not a bill but government's acknowledgment of guilt over non-creation of jobs in the country over the last 4.5 years“, etc. Several questions were raised in both the houses over the timing of the presentation of the bill, data collection as to criteria for getting reservation benefit under the bill, etc. Pressure of Lok Sabha elections round the corner the opposition in-spite of such comments and remarks voted in favor of the bill in both the houses.
Long debate and discussions was done in both the houses done on the bill by elected and nominated members of both the houses. Sr. Advocate Kapil Sibbal alleged the government of presenting a bill that is not backed by any data or survey. He further said that the current reservation scheme was passed by the Mandal Commission report which was debated and discussed in the houses for about 10 years and this government is trying to amend the constitution within 2 days. He also said the bill has to pass the Judicial Scrutiny as the SC fixed cap of 50% on the reservation scheme in the case Indira Sawhney &Ors v/s UOI.
The Sabka Quota bill was subsequently challenged in the Supreme Court of India on 10th January 2019 by way of Writ Petition. The Writ Petition by NGO Youth for Equality &Ors in it prayer sought quashing of the bill on the term that “Economic criteria cannot be the sole basis for reservation”. It also stated that in 1973, the 13-judge Constitution Bench of this court propounded the “basic structure” doctrine, holding that Parliament cannot alter basic structure of the Constitution. Arun Jaitley however, replied that the Apex Court’s 50% cap on reservation applies only seats reserved on basis caste or community, not economic status.
This bill amends the constitution by inserting clause 6 in Article 15 & 16 of the Indian Constitution which enables the State to make provision for reservation in addition to the existing reservation of 49.5%.
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