Extension of Reservation Quota for SC and ST in Lok Sabha and State Assemblies
Jul. 31, 2020 • Madri Chandak
Profile of the Author: Jahanvi Bhandari is a 3rd year Law Student pursuing B.B.A LLB from MMU, Mullana. The fields of social issues, environmental issues and constitutional topics hold her keen interest.
Introduction
The proposition for the extension of reservation quota for SC/ST in Lok Sabha and State Assemblies was presented in 126th Constitution Amendment Bill. It was introduced in the Lok Sabha by Minister of Law and Justice, Mr Ravi Shankar Prasad and was passed in the Rajya Sabha on 12th December 2019. The bill proposed the extension of reservation of SC/ST in Lok Sabha as well as Rajya Sabha for another 10 years.
Objective:
The objective of introducing this bill was to encourage and enhance the growth and participation of leaders from the two respective communities. [1] To retain this vision, the Minister of Law and Justice Mr Ravi Shankar Prasad introduced this bill in the lower house.
Background:
Dr Ambedkar once said, “This constitution apart from being a document of empowering India is also a document of social justice.” The reservation quota for these communities was introduced by the founding fathers of the constitution with the thought that these communities are (i) economically weaker compared to the other communities and (ii) may not have enough resources to win, and also (iii) those who are privileged and resourceful may prevent them from winning. So, they decided that under Article 330 and 332 of the Constitution, the reservation will be given to SC and ST with regard to their share of the total number to the total population. The reservation for SC/ST and Anglo-Indians in Lok Sabha and State Assemblies was included in the constitution from the very enforcement of it i.e. 26 January 1950 till the next 70 years i.e. 25 January 2020. Therefore, it was scheduled to expire on 25 January 2020.
Features of the Bill
- The bill was introduced by Mr Ravi Shankar Prasad in the Lok Sabha on December 9, 2019.
- The Lok Sabha unanimously passed it with 355 votes in favour and no vote against it.
- The Bill was then presented in the Rajya Sabha and was again passed with 163 votes in favour and 0 votes against it.
- The Bill was then approved by the President Ram Nath Kovind on 21st January 2020.
- The Amendment came into effect on 25th January 2020.
However, the bill does not propose an extension of reservation quota for the Anglo-Indian Community, which was also set to expire on January 25, 2020.
Mr Ravi Shankar Prasad said, “Although the SCs and the STs have made considerable progress in the last 70 years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats have not yet ceased to exist. Therefore, with a view to retaining the inclusive character as envisioned by the founding fathers of the Constitution, it is proposed to continue the reservations of Seats for the SC and the ST for another 10 years i.e. up to 25th January 2030” [2]
Article 334 of the Constitution states-
- For the marginal heading, the following marginal heading shall be substituted, namely:-“Reservation of seats and special representation to cease after a certain period”;
- In the long line, after clauses (a) and (b), for the words “seventy years”, the words “eighty years in respect of clause (a) and seventy years in respect of clause (b)” shall be substituted. [3]
It is now known as The Constitution (104th Amendment) Act, 2020.
Current Political Status of SC and ST
- 84 MPs from the SC community and 47 MPs from the ST community out of 543 seats. [4]
- 614 MLAs from the SC community and 554 MLAs from the ST community out of 4120 seats.
- As of 2011 Census, the population of SCs constitutes 16.7% of the total population and the population of ST’s constitutes of 8.6% of the total population.[4]
- Uttar Pradesh is the state with max number of SC seats i.e. 17 and Madhya Pradesh is the state with max number of ST seats i.e. 6.
However, the Anglo-Indian community is not satisfied with the decision of the expiration of their reserved quota in the Lok Sabha and State Assemblies. The Anglo-Indian community had 2 seats reserved in the election of Lok Sabha and State Assembly members. Anglo-Indians are people with mixed Indian and British ancestry and people of British or English descent born and living in India. According to the 2011 Census, Anglo-Indians population in India was 296, though the number is disputed. The Anglo Indian Association even wrote to Prime Minister Modi objecting to 2011 Census number. However, the government concluded that the community was now doing well and does not need a reservation for now.
Conclusion
It is a very well-known fact that our Constitution is neither rigid nor flexible, though it can be amended with the need of the hour. However, the real question arises is if we really need a reservation for communities in the present day. If yes, then which are the communities that genuinely need upliftment. As per the majority people’s opinion, it is the economically weaker sections of the society that actually need a reservation and the rest, who are now among the creamy layer should be excluded from it.
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FAQs
Q. What is the prevalent literacy rate among SCs and STs?
Ans. The literacy rate of SC women went from 42% in 2001 to 56.5% in 2011. In the case of ST women, the rate rocketed from 34.8% in 2001 from to almost 50%. Among SC males literacy rate went up from 66.6% to 75.2% in the same period and for ST males, it went from 59.2% to 68.5% by 2011. [5]
References
[2]https://en.wikipedia.org/wiki/One_Hundred_and_Fourth_Amendment_of_the_Constitution_of_India
[3]https://en.wikipedia.org/wiki/One_Hundred_and_Fourth_Amendment_of_the_Constitution_of_India
[4] https://iasgatewayy.com/constitution-126th-amendment-bill-2019/
[5] https://www.thequint.com/news/india/the-sc-st-of-india-facts