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10% reservation for poor among upper caste

Articles 15 and 16

Recently, The Constitution (103 amendments) Act,2019 received the assent of the president and it is all about  10% reservation for poor among upper caste go through the whole story to understand in brief.

The constitutional bill provides 10 percent reservation in government jobs and education to economically backward section ; and for landlords those who are having below 5 acres of land ; and for those whose annual income below Rs 8 lakh and those who have a residential property below 1,000 sq ft  will also be able to avail the benefits of this reservation .

Those with residential plot below 109 yards in a notified municipality or a residential plot below 209 yards in a non notified municipality area may also benefit from this move.

The central government hereby appoints January 14 as the date on which the provision of the said act shall come into force.

The act amends articles 15 and 16 of the constitution to provide a 10% reservation.

according to article 15, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.

The government should not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth .but the sad thing is nothing in this article shall prevent the state from making any special provision for women and children.

The two most contentious issues in the application of article 15 as well as article 16 have been :(i) determination of backward classes and (ii) extent or quantum of reservation Although article 16 does not qualify backward class of citizens as does article 15 by the words socially and educationally, the problem of determining such classes is similar under both the provisions .

article 16: equality of opportunity in matters of public employment:-

There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state

No citizen shall on grounds only of religion, race, caste, sex descent place of birth, residence or any of them, be ineligible for or discriminated against in respect of, any employment or office under the state.

 

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