Reservations For Economically Weaker Sections In India

S. Kabilan, B.A. LL.B., (Hons)., School of Excellence in Law E. Jacob Joe Jerome, B.A. LL.B., (Hons)., School of Excellence in Law

ABSTRACT

Reservation which might seems to be unequal treatment according to the preamble of our constitution as it upholds equality. To make an egalitarian society and making everyone economically, socially and politically equal, reservation is an inevitable tool. If the reservations were given to the people who really needs it would be progressive step. But the inappropriate criterion for recognizing them leads to excessive gain of people who were already in better position in the society and opportunity of really needy ones were snatched from them.

The historical background of EWS reservation and its perception among political parties was to be understood so that the advantages and disadvantages of it could be analysed. The landmark cases like Indra Sawhney and Janhit Abhiyan vs union of India, interpreted the need of reservation based on the economic condition of the citizens and paved a way for EWS reservation. The reservation for economically weaker section among the so-called upper caste was appreciable as they don’t get any reservation and reservation based on their economic condition would help in uplifting them. But the problem starts only in the criterion for recognizing the economically weaker section among them. The demarcation for considering them as economically weaker section was inappropriate. The income level fixation for this categorisation was higher than of the average income of person, because of this the people who were already in better position would get reservation under EWS category. If the demarcation for considering them as economically weaker was fair and reasonable then this would benefit the people who really needs the reservation. Unless until the flaws in this procedure of providing reservation is rectified it would be considered as unfair treatment of people. The sole purpose of reservation was to make the people equal in all aspects.so the reservation based of economy of the people is not wrong but procedure followed for its implementation was inappropriate.