ECONOMICALLY WEAKER SECTIONS- AN OVERVIEW

INTRODUCTION

In a bid to actualize its full potential, the societies need to give adequate protection to its members. There is a facilitation process of growth and equal measure of development when this is carried out. Countries make decisions that exhibit that not everyone's the same in terms of social and sometimes unyielding constructs relating to a plethora of matters set by the society. These decisions stem from the ideals that some individuals are more privileged than others in this respect. The question for contention is how do they combat this, how do they make available that the minorities do not remain without their own privileges, keeping in mind that these categories of people if left to their devices will suffer tremendously. In this case, there would be a necessitated implementation of policies and laws made to protect the minorities.

This arrangement becomes paramount because it not only helps communal growth and development but also bridges a gap that has been set by the societies, according to these categories of people the necessary concessions. Such an arrangement is not new to India. Upon gaining her Independence, the government introduced the caste system in terms of reservation process for them. The constitution(1 st Amendment)1951[1] stipulated for adequate and nominal delineation of Scheduled Castes(SC) and Scheduled Tribes(ST) by reserving quotas for them in Educational Institutions sector, this reservation system was to enable those who were Scheduled Castes or Scheduled Tribes to be able of achieving a set goal in terms of education, by doing so would lead to equal opportunities for all and a way of uplifting and maintaining social justice. Reservation is the process of facilitating people with education, scholarship or jobs, who were ordinarily faced with historical injustice. It is form of quota based affirmative or positive discrimination that follows the inclination that "There is nothing more unequal than the equal treatment of unequal people[2]. This is a system that reserves seat in terms of education, employment, for those who are believed to have faced significant historical injustice, and there are legislations and policies put in place, so that these categories of individual have the equal sense of opportunities, and this would lead to an improvement of the growth of the country. This reservation system has been trialled with controversies, since stating that this reservation of "seats' ' or this opportunities accorded to the Scheduled Castes and Scheduled Tribes is deemed as unequal to those who are not part of it, and this contravenes what the inclusivity of these laws seems to protect.

One of the landmark cases that aided the reservation system was State of Mandras v Champakam Dorairajan[3]. The Supreme Court gave judgement that brought about an amendment in the India Constitution. The case was suited as a question of the validity of reservation system, in the adept and concise judgement, it was stipulated that; Notwithstanding what was promulgated in clause (2) of Article 29, the state is empowered to make singular provision for the advancement or progress of both the Scheduled Castes, Scheduled Tribes or Other Backward Class as it seems fit, thereby in turn upholding equality in all measures [4]. With the application of the judgement, there became significant improvement in India regarding the reservation system. Apart from these Castes and Tribes, the government was in a bid to alleviate a means for those who are not economically or financially stable, in a belief to make things equal. This constituted the major reason why the reservation quota for the economically weak was propounded.

ECONOMICALLY WEAKER SECTION: AN OVERVIEW

Growth and development is one of the ideals of any country. How does the government go about this action; the answer is simple. They implement policies that favour those who are in need of such growth and in return leading to equal developmental rates for all persons. This concept is coined from uplighting social and economic justice. India has done a great deal of activities to achieve this set goal throughout the years; assenting programs and policies giving adequate benefits to those without.

The quota system aids in spheres that lead to development. The weaker sections are given preference in places of employment and education. Reservation system creates a platform for the weaker section of the society to come forward and be independent. Here the weaker section defines the unprivileged, disadvantaged and vulnerable section of society like scheduled caste, scheduled tribe, minorities, women, backward classes, unorganised labour, specially abled, aged persons, minors etc. But here it is not mentioned about upper caste people that are economically weaker and they do not get opportunities to fulfil their needs. So they are also weaker section of the society and also deserve reservation or developmental benefits[5]. This ideology helped those regarded as Economically Weaker Sections, giving them the needed opportunity that would enable them to be more proficient. The next question for contention at this juncture, is what can readily constitute the EWS and giving it meaning.

There is no unified or common definition to determine who can be deemed to be in the Economically Weaker Sections in India, one will have to look at the point view of each criteria that the government or its policies initiate. In 2019, a bill was paid to ensure the reservation of college admissions and government employment for those deemed to be in the category of Economically Weaker Sections[6]. In generalisation, Economically Weaker Sections can refer to those citizens or households with income below a certain specified level. Though there might be other determining factors that are placed by importance in decoding what the criteria to be the Economically Weaker Sections is, family income is given the main priority in this case.[7] Economically Weaker Sections (EWS) can be determined to be a group of people who can be classified to be in the Un-Reserved Category and have an annual family income less than than Rs. 8 lakh and do not fall to reserved category such as the Scheduled Castes(SC), Scheduled Tribes (ST), or Other Backward Class (OBC). That is, people who cannot be ascertained to be under the aforementioned categories but subsists to have the criteria of the (EWS) can be determined to be of Economic Weaker Sections. The process began when the Union of Ministers approved a 10% reservation quota in terms of education admission and employment for those deemed to be Economically Weaker Sections (EWS) and part of the Un-Reserved Category of people, citing those who fall under the 50% reservation quota for the Scheduled Castes/Tribes or Other Backwards Class will not be part of the (EWS).[8] The introduction of the 124th Amendment Bill, 2019, was first given hearing at the lower chamber of the Parliament, and where it passed to the Upper house, and i assent was given to that bill by President Ram Nath Kovind, bringing into existence the 103rd Amendment Act,2019[9]. This amendment gave allowance for a 10% reservation quota for the Economically Weaker Sections in India, this reservation constitutes college admissions and employment opportunities for these categorizations of people. How does one belong to this class of individual, it has been mentioned that a annual family income less than Lakh 8 is needed, but there are other criterias:

• In order for criteria to be deemed a part of the Economically Weaker Section, one must not be part of the Scheduled Castes/Castes and Other Backwards Class, because there is a quota reservation of fifty percent for those categories. The ten percent will only apply to those deemed Economically Weaker Sections (EWS) alone. One cannot belong to both categories to meet this criteria.

• The total yearly gross income of the family, including salary, agriculture, business, profession, and other sources, should be less than Rs 8 lac. Income for the financial year preceding the year of application is also included.

• Immaterial of family annual family income, any person whose family possesses or owns any of the aforementioned criteria cannot be eligible to be classified to be Economically Weaker Sections.

• Five acres or more of agricultural land.

• Residential properties with a square footage of 1000 square feet or more.In notified localities, a residential site of 100 square yards or more is required. In locations other than the notified municipalities, a residential plot of 200 square yards or more is required.

There is a uniformity to this criteria ti belonging to this class across India. . There is some substantial difference in the implementation across some states such as Kerala, Delhi, Gujarata Bihar e.t.c. In Kerala to cite an example, there is a new family income that would amount to one to be considered under the EWS,the norm of the centralised yearly income, which is proposed at less than Rs. 8 lakh but it stipulates for an annual family is Rs. 4 lakh. After the individual has satisfied this criteria, a certificate is mandated to them. The EWS quota is very important because currently most of the economically weaker people remain excluded from higher study, therefore this quota system will bring the issue of educational and income inequality in India.

CONCLUSION

The essence of the 103rd Amendment Act, 2019 was a measure to facilitate equality and also promote social and economic justice. The providence made by the Act for Economically Weak Sections is a step in stone to creating a more equity fluid environment in the society, taking into consideration the different classes of people within the country. The inclusion of the general caste of persons was a sought-after necessity which I believe the government took into consideration and made the required adjustments to suit the people. The government wants equal representations in terms of education and employment at all levels, which is a good ideal towards a more democratic state.

It is also opinionated that there is a need to make adequate recommendations that proffer solutions to combat the problem which are met by the flaws in the system. By doing so, there can be adequate assurance of satisfaction by the people.

~Authored by Oluwafemi Ogunrinde

REFERENCES [1] INDIA CONST [2] Thomas Jefferson" The Paper of Thomas Jefferson, Retirement Series". [3] AIR 1951 SC 226. [4] INDIA CONST. (1st Amendment) 1951 art. 15, cl 4. [5] Akashi Boruah, Empowerment of Economically Weaker Section (EWS):Problem and Prospects, International Journal of Advanced Research in Engineering and Technology 11 (12) 2020 3079-3082. [6] INDIA CONST (124th Amendment Bill), 2019. [7]).Rosemary K. Abraham, Economically Weaker Sections, Indian Economic Service, (Feb 9,2016,06: 44AM),http://www.arthapedia.in/index.php?title=Economically_Weaker_Sections_(EWS [8] Times of India, Union of Ministers approves 10% for EWS,(Jan 7, 2019,17:45 PM) https://m.timesofindia.com/india/union-cabinet-approves-10-reservation-for-economically-weaker-sections/articleshow/67418734.cms. [9] INDIA CONST (103rd Amendment Act), 2091 art 15 cl 6.