Arguments against extending reservations on economic basis:

♤ Against equality norm: To balance the equality of opportunity of backward classes ‘against’ the right to equality of everyone else, a cap of 50% was put on the reserved seats. When the quota exceeds 50% limit, it breaches the equality norm.

o In M. Nagaraj v. Union of India (2006), a Constitution Bench ruled that equality is part of the basic structure of the Constitution. The 50% ceiling is a constitutional requirement without which the structure of equality of opportunity would collapse.

♤ No under-representation: The upper caste is adequately represented in public employment. It is not clear if the government has quantifiable data to show that people from lower income groups are under-represented in its service.

♤ Problem with the ceiling: By fixing income ceiling for eligibility at ₹8 lakh a year — same as the ‘creamy layer’ limit above which OBC candidates become ineligible for reservations — a parity has been created between socially & economically backward classes with limited means.

♤ Definition of EWS and allotment of quota: The issue with current definition of EWS is that it is too broad and would include large sections of population. Further, it also puts families below poverty line and the ones with income of 8 lakh/annum in the same category.

o Reservation for SCs/STs and non-creamy layer amongst OBCs has correlation with their respective populations. While there is no such clarity on arriving at the 10% EWS quota.

♤ Challenges in the identification of beneficiaries: In a country where taxable population is still very low due to misrepresentation of income, implementing economic eligibility criteria would be a bureaucratic nightmare.

♤ ‘Pandora’s box’ of demands: There may be demand from sections of the SCs/STs and OBCs to introduce similar sub-categorization, based on economic criteria, within their respective quotas. It might also fuel demands for new caste-based censuses to expand quota limits based on SC/ST or OBC proportions in the population, or to extend the reservations to private sector jobs. Quota in promotions may also gain widespread acceptability, both among the public and the judiciary.

♤ Shrinking public sector: With steadily shrinking jobs pool in the Central Government, Central Public Sector Enterprises (CPSEs) and even banks, 10% reservation will not fulfill expectations.

♤ Anti-Merit: In common perception, reservation has also become synonymous with anti- merit. With extension of reservation, this opinion might get further ingrained in public psyche. • Tool of populism: Offering reservations has increasingly become tool for political gains in politics. This affects their credibility as a tool for social justice.

♤ Passage of the Bill: The Bill was not circulated ahead of being introduced, it was not examined by a parliamentary committee & there was hardly any time between its introduction and final discussion.

Pending Bills

The Women’s Reservation Bill that is being nationally debated since 1996 is also based on the protective provisions of the Article 15. Constitution (108) Amendment Bill, which was introduced in the Rajya Sabha in 2008 was also an attempt to empower woman.

♤ Also, the Sinho Commission report of 2010, which the Centre has been citing as the basis for its legislation to grant 10 % reservation to the EWS, never explicitly recommended a reservation for EWS but was only emphatic about ensuring that the EWS get access to all welfare schemes.