Economically Weaker Section Article And Reservation – The aim of the framers of the Indian Constitution was to develop India into a socialist state. A socialist state is that state which uplifts its weaker sections. To achieve this aim, our Constitution has incorporated various provisions that are in the benefit of the weaker sections of the society. Let’s get some knowledge about position of weaker section in India:
What are Economically Weaker Section Article: Here we are going to discuss types of weaker sections in India which are given below:
Due to the caste system prevailing in India, the Sudra have been exploited for the ages. They were even denied to basic rights like right to education and thus were left behind, socially and economically. Such people have been categorized into Schedule Castes. Tribal communities, who never mixed with the main society are similarly challenged and are categorized into Scheduled Tribes.
The Constitution does not define the term Backward classes. It is up to the centre and the states to specify the classes that belong to this group. However, it is understood that classes that are not represented adequately in the services of the state can be termed backward classes.
Historically, the condition of women in India has also been very bad. They have always been treated as second class citizens and did not have any decision-making power and lacked in education. Due to the social structure in India, there is a marked prejudice against women in every field.
Other groups of people who are severely disadvantaged are children, older people(Senior Citizens), and people with disability.
Provisions for Weaker Sections:
The following are the various provisions provided in the constitution for the purpose of Economically Weaker Section:
Article 15(4): This is the fountain of all provisions regarding compensatory discrimination for SCs/STs. This clause was added by the first amendment of the constitution in 1951. This clause started the era of reservation in India.
Article 15(5): This clause was added by 93rd amendment of constitution in 2005 and allows the state to make special provisions for backward classes for SCs or STs for admissions in private educational institutions aided or unaided.
Article 16(4): This clause allows the state to reserve vacancies in public service for any backward classes (Economically Weaker Section) of the state that are not adequately represented in the public services.
Article 16 4(A): This allows the state to implement reservation in the matter of promotion for SCs and STs.
Article 16 4(B): This allows the state to consider unfilled vacancies reserved for backward classes as a separate class of vacancies not subject to a limit of 50% reservation.
Article338/338A/339: Establishes a National commission of SCs and STs.
Article 340: Allows the President to appoint a commission to investigate the condition of socially and Economically Weaker Section and table the report in parliament.
For Women (Economically Weaker Section Article)
Article 15(3): It allows the state to make special provisions for the welfare of women and children.
Article 23: Under the chapter of fundamental right against exploitation, flesh trade has been banned.
Article 39: Ensures Equal pay to the women for equal work.
Article 40: Provides 1/3 reservation in Panchayats.
Article 42: Provides the pregnancy care and delivery.
Article 44: It urges the state to implement uniform civil code which will help to improve the condition of women across all religions.
For Children – Economically Weaker Section Article
Article 21A: Education up to 14 years has been made a fundamental right. Thus, the state is required to provide school education to children which is totally free and compulsory. This article has been added by 86th amendment in 2002.
Article 24: Children have a fundamental right against exploitation and it is prohibited to employ children below 14 years of age in factories and any hazardous occupation. Recently the list of hazardous occupation has been update to include domestic, hotel and restaurant work.
For Older Citizens (Economically Weaker Section Article)
Article 41: Urges the state to give assistance in the matter of employment, education and public assistance in cases of unemployment, old age, sickness.
So, I must end this article by giving my concluding remarks that are reservation in principle is an effective means to improving the condition of socially and Economically Weaker Section (backward classes).
It must be ensured that this benefit of reservation goes to the really deserving people and not to those who have already availed its benefit. The objective of reservation should be to bring an end to reservation itself by uplifting every one of the backward classes.