{"id":326,"date":"2020-04-23T10:29:48","date_gmt":"2020-04-23T10:29:48","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=326"},"modified":"2021-01-17T11:59:10","modified_gmt":"2021-01-17T11:59:10","slug":"economic-reservation-need-of-the-hour","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/economic-reservation-need-of-the-hour\/","title":{"rendered":"Economic Reservation: Need of The Hour"},"content":{"rendered":"\n<p><strong> Megha Maiti and Adrija Bhattacharya | KIIT Law School, Bhubaneswar | 10th November 2019<\/strong><\/p>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_47_1 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title\">Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"ez-toc-toggle-icon-1\"><label for=\"item-6a2261eb5a035\" aria-label=\"Table of Content\"><span style=\"display: flex;align-items: center;width: 35px;height: 30px;justify-content: center;direction:ltr;\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/label><input  type=\"checkbox\" id=\"item-6a2261eb5a035\"><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/lexforti.com\/legal-news\/economic-reservation-need-of-the-hour\/#INTRODUCTION_WHY_ECONOMIC_RESERVATION\" title=\"INTRODUCTION: WHY ECONOMIC RESERVATION\">INTRODUCTION: WHY ECONOMIC RESERVATION<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/lexforti.com\/legal-news\/economic-reservation-need-of-the-hour\/#124TH_AMENDMENT\" title=\"124TH AMENDMENT \">124TH AMENDMENT <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/lexforti.com\/legal-news\/economic-reservation-need-of-the-hour\/#WHY_ECONOMIC_RESERVATION_SHOULD_SOON_TAKE_UP_THE_PLACE_OF_CASTE_FOUNDED_RESERVATION\" title=\"WHY ECONOMIC RESERVATION SHOULD SOON TAKE UP THE PLACE OF\nCASTE FOUNDED RESERVATION?\">WHY ECONOMIC RESERVATION SHOULD SOON TAKE UP THE PLACE OF\nCASTE FOUNDED RESERVATION?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/lexforti.com\/legal-news\/economic-reservation-need-of-the-hour\/#DISADVANTAGES_OF_CASTE_CENTERED_RESERVATION_POLICIES\" title=\"DISADVANTAGES OF CASTE CENTERED RESERVATION POLICIES\">DISADVANTAGES OF CASTE CENTERED RESERVATION POLICIES<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/lexforti.com\/legal-news\/economic-reservation-need-of-the-hour\/#CONCLUSION_CASTE_CENTRIC_OR_ECONOMY_BASED_RESERVATION_IS_THE_ANSWER_TO_THE_POVERTY_THAT_THE_NATION_FACES_TODAY\" title=\"CONCLUSION: CASTE CENTRIC OR ECONOMY BASED RESERVATION IS THE ANSWER TO\nTHE POVERTY THAT THE NATION FACES TODAY?\">CONCLUSION: CASTE CENTRIC OR ECONOMY BASED RESERVATION IS THE ANSWER TO\nTHE POVERTY THAT THE NATION FACES TODAY?<\/a><\/li><\/ul><\/nav><\/div>\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"INTRODUCTION_WHY_ECONOMIC_RESERVATION\"><\/span><strong>INTRODUCTION: WHY ECONOMIC RESERVATION<\/strong><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<p>India is a country of\ndiversity. People in this country come from different races and practice\ndifferent beliefs. Dividing people on the basis of caste was embedded in our\nculture from the time immemorial. The belief that a certain section of people\nwill pursue a certain standard of living has always bothered the educated minds\nof the nation. So, the caste based system was devised as a means for\naffirmative action which would help people oppressed by conventional caste\nsystem to break it\u2019s shackle by ensuring representation and positive\ndiscrimination in the then dominant public sector. The Constitution of India\nhence pertaining to the said issue has provided certain fundamental rights\nunder Article 15 and Article 16 and Directive principles of State policies\nunder Article 46\u00a0 for the protection of\nthe socially backward class (SC\/ST\/OBC) of people .<\/p>\n\n\n\n<p>Today several\neducational institutions and jobs have reserved seats for the upliftment of\nthese socially backward classes of people. But the main question which arises\nhere is that whether these reservations actually solve the purpose and develop\nthe nation. Dr. B.R. Ambedkar gave up the right to a separate electorate on\ncondition that Dalits and Tribals would be offered full citizenship.\nReservation was only one of the policy instruments which was deviced to aid\nthem in providing full citizenship. Considering the current scenario, we can\nanalyse how far the Country has moved in that front. It has been seen that it\nis not only the Backward class people but also other general people who have\ntrouble in getting the full citizenship. Thus, at many levels it can be\nconcluded that it\u2019s ethical and intellectual basis flows from different\npolitics than mere welfare-ism. Hence keeping pace with the modern time it is\nnot sensible to put the society in the same skeleton of reservation as it was\nsixty years back..<\/p>\n\n\n\n<p>The solution to every\nproblem is to strike it at its roots and the root problem behind the stagnant\ngrowth of the country is the parity in the economic status of rich and poor. It\nis the practical truth that India as a country is still developing and the\neconomic strength is concentrated in the hands of few. Moreover the public\nsector has long vacated the commanding heights of the Indian economy and\ngenerated fewer employment. In other words it means that with the caste based\nreservation the competition among the general category increases and becomes\nfierce. It has also been observed in reality that people who actually need\nreservation fail to avail them and the ones availing them have all the means\nnecessary to get the benefits even without the reservations. Hence, the need of\nthe hour is such that economic reservations must be implemented to bring a\nuniformity in terms of availing opportunities and uplifting the poor across the\nnation.<\/p>\n\n\n\n<p>Economic reservations\nwill ensure that duly qualified candidates from depressed class are not\ndeprived of the opportunity of appointment merely because they cannot succeed\nin open competition. If we see the present scenario in esteemed government\ncolleges like AIIMS(s), IIT(s), IIM(s) we see that most people who go there\nbecause of the reservations on the basis of social status are not the ones who\ntruly needs the reservation. It has often been seen that they have equal or\nsometimes even more access to opportunities like any other general candidates.\nThus, giving benefits to those people becomes unfair on the part of the general\ncandidates. Hence, in the given scenario economic reservations can solve both\nthe purpose of positive discrimination and equal opportunities for all. <\/p>\n\n\n\n<p>The Mandal Commission\nwas established on 1<sup>st<\/sup> January 1979 which mandated to \u201cidentify the\nsocially and educationally backward class of people\u201d. Hence it was due to this\ncommission that the reservation for Other Backward Class (OBC) came into\npicture. Some academicians claimed that \u201csocially valuable assets\u201d are the\nbasis of reservations and the OBC reservations were not justified on the\ngrounds that they were dominant agrarian castes who were not completely\nalienated from the assets. If we take this argument into picture reservations\nfor OBC does not hold much good rather it comes down as a bane for the general\neconomically backward class of people as competition for them heavily increases\nand to a certain extent becomes unfair.<\/p>\n\n\n\n<p>There is a popular\ncriticism against reservation for economically backward class of people that it\nis a reservation for the upward class. Contrary to that is the fact that if\nreservation is provided to the people belonging to the economically backward\nclass, it will help in reducing the economic parity between rich and poor.\nThus, it will help our country to move ahead and walk the path of development.<\/p>\n\n\n\n<p>\u00a0 Moreover if reservation continues to happen\non the basis of social status chances of formation of an inefficient\nbureaucracy emerges. Qualified and more efficient people will lose out on\nopportunities due to the reservation on the basis of social status and\ninefficient people might occupy higher ranks in the profession. This clearly is\na hindrance to the National growth of the country. Although many a times it has\nbeen debated that reservation is not an anti-poverty scheme but if reservation\nin addition to representing the economically oppressed class also gives a\nhelping hand in removing poverty then such positive changes must be welcomed by\nthe nation. Although the primary function of Social reservation is to remove\ncaste based discrimination in the nation but it is doing the opposite in the\ncurrent scenario.\u00a0 Social reservations is\nseen to propagate sub-nationalism as it is imposing a threat to the national\nunity hence, promoting caste based differences among the citizens.<\/p>\n\n\n\n<p>Given the current\nsituation of the society, economic reservation if implemented can bring more\ndevelopment in India and also decrease discrimination on the basis of caste,\ncreed and sex. This approach of reservation in addition to providing\nreservation to the economically backward people additionally also helps in\neradicating poverty from the nation. <\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"124TH_AMENDMENT\"><\/span><strong>124<sup>TH<\/sup> AMENDMENT <\/strong><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<p>The preamble which is\nthe soul of the Constitution promises to all citizens social, economic and\npolitical justice. The economic status of citizens constitutes one of the three\ntests of backwardness. Poverty denies equality of opportunities to individuals\nin both spheres of education and employment. Hence, there is a strong need for\nmaking a provision of reservation for economically backward, to ensure them\ntheir share of opportunities to advance in life. Hence, keeping this in mind\nthe government has bought the 124<sup>th<\/sup> Amendment which provides 10%\nreservation for economically backward sections. This amended two fundamental\nrights-<\/p>\n\n\n\n<ul><li>Article 15 which prohibits discrimination on the\ngrounds of race, religion, caste, sex or place of birth.<\/li><li>Article 16 which provides discrimination in\nemployment in government officials.<\/li><\/ul>\n\n\n\n<p>At present the\neconomically weaker sections of citizens have largely remained excluded from\nattending the higher educational institutions and public employment due to\nfinancial incapacity to fight with the privileged people. The current\nreservation criteria of Article 15 and Article 16 were unavailable to them.\nThus, in the said case reservation on the basis of economic status comes into\nplay and 124<sup>th<\/sup> Constitutional Amendment Bill is a measure of\nimplementing the same.<\/p>\n\n\n\n<p>The 124<sup>th<\/sup>\nAmendment provides for 10% of reservation to the economically backward section\nof the society but this reservation is above the 50% reservation that currently\nexists for the socially backward people. Under this Amendment the reservation\nis provided to:-<\/p>\n\n\n\n<ul><li>People having annual income of less than 8\nlakhs; or<\/li><li>agricultural land is less than 5 hectres; or<\/li><li>Residential house is smaller than 1000 square\nfeet and <\/li><li>Residential plot smaller than 109 yards in\nnotified municipality and smaller than 209 yards in non-notified municipality\narea.<\/li><\/ul>\n\n\n\n<p>Some of the significant\nissues which were raised by several people and the opponents are herein under:<\/p>\n\n\n\n<ul><li>Constitutional Validity:<\/li><\/ul>\n\n\n\n<p>The Constitutional\nValidity of this reservation has been raised in several instances. The main\nquestion that has been raised is that this reservation is not in line with the\nbasic structure of the Constitution as our constitution under Article 15 and\nArticle 16 only provides for reservation for socially backward class of people.\nBut the present quota has been bought through the 124<sup>th<\/sup> Amendment\nBill, which provides adequate Amendments in Article 15 and Article 16 of the\nConstitution, which allow for making \u201cspecial provision for the advancement of\nany economically weaker sections of the citizens\u201d. Hence, this reservation can\nstand the test of constitutionality in the Supreme Court.<\/p>\n\n\n\n<ul><li>Legal Scrutiny:<\/li><\/ul>\n\n\n\n<p>Another major issue\nwhich has been raised in the implementation of the recent Act is the legal\nscrutiny. In the <em>Indira Sawhney<a href=\"#_ftn1\"><strong>[1]<\/strong><\/a> <\/em>case,\na nine judge bench ruled that economic criteria cannot be exclusively used. The\nSupreme Court has also ruled multiple times against exceeding its 1992 formula\nof a maximum of 50 percent reservation. However, there are States like Tamil\nNadu that go beyond this limit and the Supreme Court has upheld the state\u2019s policy\nmany a time. Currently, the State has a 69 per cent quota system.<\/p>\n\n\n\n<ul><li>Reservation, not a\npoverty alleviation policy:<\/li><\/ul>\n\n\n\n<p>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Many critics claim that reservation is\nnot a poverty alleviation policy or economic upliftment measure. Economic\nweakness is on account of social backwardness. The economic criteria will lead,\nin effect, to the virtual deletion of Article 16(4) from the Constitution.<\/p>\n\n\n\n<ul><li>Passing of this bill\ndriven by political motives rather than welfarism :<\/li><\/ul>\n\n\n\n<p>It has been pointed by many\neducated minds of the nation that the criteria mentioned for providing\nreservation is that the annual income of the family must be below Rs.8 lakh\nwhich basically involves majority of our population. It must also be noted that\nwhen it comes to paying of taxes 5% of taxes must be paid by people having\nincome between 2.5-5 lakh. These two statements are in itself contradictory in\nnature because if people having income less than 8 lakh are considered to be\neconomically backward then why do people having income starting from 2.5 lakh\nneed to pay taxes.\u00a0 <\/p>\n\n\n\n<ul><li>Emergence of new\neconomic class; the middle class:<\/li><\/ul>\n\n\n\n<p>The opponents to the ruling party\nhave raised a point regarding the middle class people. With the 10 percent\nreservation system the major sufferers were the middle class people who were\nnot although above the criteria of economically backward class but were not\nfinancially strong enough to fight with the privileged class in open\ncompetitions. This constituted a major chunk of the population <\/p>\n\n\n\n<ul><li>The Reservation makes a little difference<\/li><\/ul>\n\n\n\n<p>It has been contended by several\nthinkers and academicians that due to increase in unemployment in corporate\nsector inequality has increased exponentially. Thus, in this scenario the\npresent quota hardly makes any significant difference.<\/p>\n\n\n\n<p>Thus, 124<sup>th<\/sup> Amendment although is a\nconstructive change for the upliftment of the nation but keeping in mind all\nthe pros and cons of the 124<sup>th<\/sup> Amendment we can sensibly conclude\nthat although this might be a step towards economic reservation but it has\nseveral drawbacks like it exceeds the 50% reservation quota, it makes a very\nlittle significance to the huge poverty in the country, the conditions stated\nfor this reservation is blurry. Thus, there is clearly a need for a better\nmethod, for implementation of reservation for economically backward class of\npeople. <\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"WHY_ECONOMIC_RESERVATION_SHOULD_SOON_TAKE_UP_THE_PLACE_OF_CASTE_FOUNDED_RESERVATION\"><\/span><strong>WHY ECONOMIC RESERVATION SHOULD SOON TAKE UP THE PLACE OF\nCASTE FOUNDED RESERVATION?<\/strong><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<p>In order to understand the advantages of\neconomic reservation it would be fruitful to draw our attention to the fact as\nto why reservation should exist at all. It is to promote the rapid growth and\ndevelopment of that section of the society that has been lagging behind as\ncompared to the majority of the population. The system as is followed today\nkeeps caste i.e. a birth of a person to a specific caste, to be the sole\ncriteria as to why there should exist positive discrimination against them.\nCaste centric reservation destroys the importance of excellence.<\/p>\n\n\n\n<ul><li>Reservation ought to be for the poor and underprivileged and should not include\nwithin its ambit the advantaged class of the minority communities. This\ngenerates a massive difference between similar classes of people of two\ndifferent communities. Students sharing the same classroom, enjoying the same\nset of social functions and having similar economic standards should share the\nsame privileges and one shouldn\u2019t get an undue advantage based on the caste he\nor she is born to. Caste is anyway a societal construct which was a tool to\noppress the majority of the population.<\/li><li>The gap between the rural and the urban sectors could be lessened and\nbrought to a uniformity if the poor section which in large numbers resides in\nour villages are given appropriate chance to develop. Even more prominently the\neconomically weaker section of the urban population will duly benefit from such\na scheme.<\/li><li>People from developed financial group would stop getting the undue\nadvantages that is so prominent these days. There is absolutely no substance as\nto why a child of an IAS officer should get the benefit of reservation. It is\nunjust to the youth of the nation at large.<\/li><li>The rush for the minority certificates to get the advantages is at a\nsteep rise. Economic reservation is the only possible way to curb it. So the\nbank accounts will speak and not the piece of paper which stamps you as an\nappropriate candidate for the policy schemes.<\/li><li>Caste based reservation has anyway failed to bring the minorities into\nthe position that had been dreamt of by our forefathers at the introduction of\nthe caste based positive discrimination. There still exist in large numbers\ncrimes against the minorities even after so many years of independence. It\nproves that caste based reservation is of no good in the progress of the\nsocially backward class of the society. Thus there is an immediate need to\nchange the way reservation works.<\/li><li>Education will thus hold a rich position in the country rather than\ncaste. With education a lot of social stigmas will breakdown into pieces which\nin turn will help solve the caste distinctions and the crimes that are\ncommitted in the name of caste.<\/li><li>This policy of caste based reservation was supposed to be a temporary\nestablishment which has now been stretched so far and the undue advantages are\ngenerated in the form of vote banks and unfair advantages to an already\ndeveloped class. Reservation for the neglected was meant to be removed with\nproper development of that class of people but its affectivity is so poor that\ndevelopment of these people are still a far-fetched\u00a0idea.<\/li><li>Caste centric unrest in the society owes a great deal to such unjust\nreservation policies. The poor people from the general category have started\nviewing themselves as the victim of the system due to lack of seats in the\ngovernment institutions; and the easiest targets have been the poor deprived\nclass who hardly ever had anything to say about the existing system at all.<\/li><li>Even after so many policies at work, the discrimination and atrocities\nagainst the minorities are at a rise. News reports are a witness to the failure\nof such existing policies.<\/li><li>The deprived class of the society irrespective of the caste they belong\nto deserves to get policies in their favour so as to bring them at par with the\nrest of the society. Economy places a major role in the development of\nindividual families as a unit of the society.<\/li><li>The creamy layer ought to be prevented from taking undue advantages\ngenerations after generations. <\/li><\/ul>\n\n\n\n<p>A quick glimpse\nthrough the points tell us, that the economically weaker sections, for the\nbenefit of whom the reservation policy first came into picture will still\nderive the assistance of the economic reservation. It is only the already\nadvantaged class that is to be removed from the getting its benefits. <\/p>\n\n\n\n<p>Now this approach\nmainly solves two major problems. Firstly, the poor who are in dire need of\nadvancement and government resources will be the ones who actually receive it\nand secondly, the undeserved class who has been filling their own pockets\nthrough such schemes will be prohibited from continuing this any further. <\/p>\n\n\n\n<p>This approach it seems\nis not taken into consideration because it isn\u2019t healthy for the vote banks.\nThe moment such a scheme is introduced a major part of the poor section will\nstart revolting even though their interests are not at stake, but the strong\ninstigation from the rich and powerful who would no longer derive unfair and\nundue advantages.<\/p>\n\n\n\n<p>\u00a0\u00a0\u00a0\u00a0\nCaste based reservation was introduced by Bhimrao Ramji Ambedkar and he\nhad mentioned its continuance for a period of 10 years in order to bring the\nsocially and economically marginalized section of the society to the mainstream\nbecause the atrocities and the condition faced by the dalits, SCs, STs, OBCs\nwere too humiliating and demeaning. They needed special attention to make sure\na better future awaits, in a country where the caste system divides the nation\ninto so many parts, the forefathers of our Constitution pledged to bridge such\nbiased gap.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"DISADVANTAGES_OF_CASTE_CENTERED_RESERVATION_POLICIES\"><\/span><strong>DISADVANTAGES OF CASTE CENTERED RESERVATION POLICIES<\/strong><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<p>Economic reservation might sound like a good\nidea but what should be highlighted in here is the purpose of reservation.\nReservation is the extra effort the government puts on some classes of people\nto make up for the deficiency of opportunities that they had faced for an\nextensive period.<\/p>\n\n\n\n<p>People need time for their development and it\nis the government\u2019s duty to take proper steps so that the marginalized sections\nare not left behind while the entire nation moves ahead. <\/p>\n\n\n\n<ul><li>Caste based reservation tries to uproot the long standing social stigma\nfrom the heart of the society. These minorities had to face severe backlashes\nfrom the rest of the people and this in turn had led to the economic\nshortcomings. The Indian society even in this present era is heavily biased on\nthe caste one is born into. From the very beginning the caste is stamped and\nthe minority groups are heavily discriminated against. <\/li><\/ul>\n\n\n\n<p>Thus we can see a clear connection between\ncaste and the socially backwardness. Thus only the continuance and effective\nimplement of caste constructed reservation can render our society free from such\ndistinctions.\u00a0 <\/p>\n\n\n\n<ul><li>The present reservation policies try to strike both caste and\neconomically weaker sections and the creamy layer consists of a minuscule\npopulation. The constant argument of a creamy layer taking away all sorts of\nunfair advantages is completely skewed. This is because such a population can\nbe very well neglected when we compare the entire minority group lagging\nbehind. Every policy no matter what will have to deal with one or the other\nshortcomings. This is no valid reason as to why the policy should not exist at\nall. <\/li><li>This also addresses the social inequalities that exist at the core of\nthis society. Caste based reservation is the answer to bringing the long\nrepressed class into the mainstream. They have been actively neglected and their\nneeds and wants have been completely ignored for a very long time. They have\nsuffered generations after generations and the opportunity that they need to\nstand at par with the rest of the society has to be guaranteed. A country\ncannot move forward when most of its tribal people are lagging behind. Thus is\nit not just for the community but for the overall development of the country.<\/li><li>Social inclusion will come only if there is caste based reservation\nbecause empowering the backward section of the society with proper education\nand jobs will ensure a better lifestyle. Betterment isn\u2019t the matter of a few\nyears. The majority of our population needs time to develop on their own.\nPoverty eradication will take some time and the patience of our people should\nnot dry away. They deserve such reservations in their favour to compensate for\nthe lost chances.<\/li><li>People from marginalised classes may not have adequate educational\nqualification to even apply for government jobs and it is a duly of the\ngovernment to reserve some of its seats for people of the deprived section of\nthe society. We cannot expect the socially backward classes to wake up one fine\nday and have an adequate educational base required for applying on a post that\nrequires some minimum qualification criteria. That definitely would be great\nbut unfortunately, cannot be a reality.<\/li><li>Without ample financial aid in various manners, economic upliftment is\ndifficult. Only if the government ensures for the marginalized section of the\nsociety certain benefits, they will be able to come at an equivalence with the\nmainstream. Benefits in the sectors of education, employment are some basic\nfeatures that must be ensured for overcoming the long ignored shortcomings.\nThere ought not to be a question of merit because, we will never know where the\nreserved category would have reached had they been given similar prospects and\nreliefs that most member of the general category relishes.<\/li><\/ul>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"CONCLUSION_CASTE_CENTRIC_OR_ECONOMY_BASED_RESERVATION_IS_THE_ANSWER_TO_THE_POVERTY_THAT_THE_NATION_FACES_TODAY\"><\/span><strong>CONCLUSION: CASTE CENTRIC OR ECONOMY BASED RESERVATION IS THE ANSWER TO\nTHE POVERTY THAT THE NATION FACES TODAY?<\/strong><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<p>Reservation no doubt\nis necessary to promote the growth of the backward classes of the society, but\nthe apex court has discouraged that it be done solely based on the caste.\nEconomic factors are to be looked into before dealing with whether a particular\ngroup falls under the ambit of reserved or not. Caste based reservation\npassively also encourages the promotion of an individual\u2019s caste and this leads\nto the disintegration of the nation into various parts all of which are not\nexpected of a \u201c&#8230;SOVEREIGN SOCIALIST SECULAR\nDEMOCRATIC REPUBLIC\u201d, as envisaged by the Preamble of the Indian\nConstitution and should not be encouraged.<\/p>\n\n\n\n<p>Quota system existed\neven in pre-independence era and many of the Indian rulers had themselves\nintroduced it in their kingdoms. Backward castes and communities deserve an\nopportunity to conquer their fate and walk hand in hand with the majorly\ndeveloped inhabitants. But times have changed now and the country has\nprogressed a lot in several fields over the time. Fitting the society in the\nsame skeleton as it was 60 years back hinders the growth of the society. In\ntoday\u2019s era if economic reservation is implemented then it will serve both the\npurpose of bringing the oppressed class ahead and also eradicating the poverty\nfrom the society.<\/p>\n\n\n\n<p>There is nothing\nwrong with the concept of reservation- be it caste or economic. The question of\nwhether caste based or economic is one of difficulty. Both policies would have\nsome advantages and certain disadvantages. It is the balancing and analyzing of both that might give an answer. Caste\nreservation anyway seems to have miscarried in its objective and is also a\ncontributing factor as to why economic reservation should be given a chance.<\/p>\n\n\n\n<p>The Indian Government keeping in mind the above issue have introduced the\n124<sup>th <\/sup>Amendment which provided 10% reservation to economically\nbackward class of people. Although the Amendment a step towards providing equal\nopportunities and eradicating economy but this Amendment came with its own set\nof challenges. The 10% reservation which was provided was over the 50%\nreservation already present for the economically backward class of people. This\nbought difficulties because in that case reservation percentage in States like\nTamil Nadu rose up to 65%.<\/p>\n\n\n\n<p>\u00a0We cannot assure somebody from an\neconomically poor background to end up getting the same break through as others\nfrom a better financial background does unless it is the State which backs him\nup by providing opportunities to move ahead. Thus, the need of the hour is\nsuch that reservation must be given to those economically backward people who\ndue to financial incapability stay behind the privileged class in open\ncompetitions. Thus, a proper implementation of the economic reservation must be\nmade so that it can help in uplifting the nation\u2019s economy, eradicating the\npoverty and most importantly provide opportunities to the economically backward\nclass of people who are truly the oppressed class in the current era.<br><\/p>\n\n\n\n<hr class=\"wp-block-separator\"\/>\n\n\n\n<p><a href=\"#_ftnref1\">[1]<\/a> AIR 1993 SC 477\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Megha Maiti and Adrija Bhattacharya | KIIT Law School, Bhubaneswar | 10th November 2019 INTRODUCTION: WHY ECONOMIC RESERVATION India is a country of diversity. People in this country come from different races and practice different beliefs. Dividing people on the basis of caste was embedded in our culture from the time immemorial. The belief that [&hellip;]<\/p>\n","protected":false},"author":167,"featured_media":327,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[34],"tags":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v21.8.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Economic Reservation: Need of The Hour - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/economic-reservation-need-of-the-hour\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Economic Reservation: Need of The Hour - LexForti\" \/>\n<meta property=\"og:description\" content=\"Megha Maiti and Adrija Bhattacharya | KIIT Law School, Bhubaneswar | 10th November 2019 INTRODUCTION: WHY ECONOMIC RESERVATION India is a country of diversity. 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