The Indian Express: 14.1.19
THE MINISTRY of Social Justice and Empowerment on Monday issued the notification stating that the Constitution (One Hundred and Third Amendment) Act, 2019, providing 10 per cent quota for the Economically Weaker Sections (EWS) among the upper caste, would come into effect beginning January 14, 2019.
The move comes in the wake of the President giving his assent to the Bill on Saturday, days after it was passed by both Houses of Parliament. “In exercise of powers conferred by subsection (2) of section 1 of the Constitution (One Hundred and Third Amendment) Act, 2019, the Central government hereby appoints the 14th January, 2019 as the date on which the provision of the Act shall come into force,” says the notification issued on Monday.
With this, EWS among the general category can avail of the 10 per cent quota in government jobs and higher education institutions.
“An office memorandum, so as to operationalise the law, will be issued later this week. The income criteria will be defined in that. States will be free to decide their own percentage of EWS reservation and income criteria provided it doesn’t exceed the upper limit set by the Centre,” said a ministry official.
As per the proposal approved by the Union Cabinet, the quota can be availed by people whose families have a gross annual income of up to Rs 8 lakh, from all sources. Families which own over five acres agricultural land, over 1,000 square feet house, over 100 yard plot in notified municipal area, or over 200 yard plot in non-notified municipal area cannot avail the benefit of this reservation.
On Sunday, the Gujarat government announced that it would implement the 10 per cent quota in education and government jobs “from Makar Sankranti — January 14, 2019”. The state government’s earlier attempts to increase the 50 per cent quota cap and introduce EWS reservations to placate the agitating Patidar community was set aside by the high court on the ground that the Constitution doesn’t allow for quota on economic grounds.