Page 18 - EducationWorld December 2022

Education News

DELHI On the contrary in 1992 after the
Quota upon quotas Mandal Commission report (1980)

determined that OBCs (other back-
ward castes) constitute 52 percent
of the national population and have
also been historically oppressed
and denied upward mobility by the
impregnable caste system, they were
awarded an additional 27 percent
reservation in education and Central
and government employment.
However in 1992 in Indra Sawhney’s
Case, in the cause of institutional
efficiency and merit-based admis-
sions and recruitment, the Supreme
Court imposed a 50 percent ceiling
on reservations.
Despite this cap, responding to a
demand from the EWS (economically
weaker sections) within the general
category, in 2019 the BJP govern-
ment at the Centre further amended
Public protest against new EWS reserved quota Articles 15 and 16 to reserve 10
percent quotas in education institu-
n a landmark 3-2 majority judge- However after much debate the tions and government employment
ment delivered on November Constituent Assembly comprising for citizens excluded from SC, ST and
I7, the Supreme Court of India eminent lawyers, including Dr. B.R. OBC quotas.
upheld the 103rd Constitutional Ambedkar, widely revered as the “With several studies indicat-
Amendment, 2019, under which prime author of the Constitution, ing inequality between the richest
the BJP government at the Centre carved out exceptions to Article 15 and poorest sections of society is
introduced additional 10 percent and 16 and authorised the State to widening, reservations in education
reservation in public higher educa- practice positive discrimination in and well-paid government jobs for
tion institutions (HEIs) and govern- favour of lowest castes and tribes hitherto excluded EWS has become
ment jobs for economically weaker who had suffered centuries of hu- necessary. Hence the reservation
sections (EWS) from the general miliation, degradation and systemic policy for economically weaker sec-
category. denial of socio-economic upward tions is welcome,” says Jandhyala
To appreciate the historic import mobility. Accordingly 15 percent of B.G. Tilak, former professor and
of the apex court’s judgement in Ja- capacity in public higher education vice chancellor of National Institute
nit Abhiyan vs. Union of India (Writ institutions and government employ- of Educational Planning and Admin-
Petition (Civil) N.55 of 2019) aka the ment was reserved for scheduled istration (NIEPA), Delhi.
103rd Amendment case, it’s impor- castes (SCs) and 7.5 percent for Unsurprisingly, the BJP leader-
tant to note that under Article 14 of scheduled tribes (STs) oppressed ship which rushed this amendment
the Constitution of India, the State is under the immutable Hindu varna in January 2019 on the eve of the
prohibited from denying any person caste system. General Election to placate the small
equality before the law or the equal But to safeguard development but influential middle class denied
protection of the law within the ter- of post-independence India into quotas in education and public
ritory of India. Moreover, Article 15 an egalitarian society in which employment, is delighted. “Consti-
prohibits the State from denying ac- merit would be the sole criterion for tutional validity to 10 percent quota
cess to public spaces and education socio-economic advancement, all for EWS will open up new doors of
institutions on the grounds of race, reservations were to be abolished opportunities for the economically
gender, religion, caste etc. Similarly, after ten years of promulgation of the weaker sections, especially in admis-
Article 16 prohibits government from Constitution on January 26, 1950. sion to HEIs and Central government
denying public employment to citi- However, for political and electoral jobs. This will further strengthen so-
zens on the basis of religion, caste, reasons, reservations for SCs and cial justice in the spirit of sabka sath
gender, race or place of birth. STs have never been removed. and sabka vikas,” tweeted Union

18 EDUCATIONWORLD DECEMBER 2022