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The Constitution of India expressly contains which one of the following kinds of reservations?
Question

The Constitution of India expressly contains which one of the following kinds of reservations?

A.

Maximum of ten per cent for economically weaker sections of citizens

B.

Maximum of fifteen per cent for Scheduled Castes

C.

Maximum of seven and half per cent for Scheduled Tribes

D.

Maximum of twenty-seven per cent for Other Backward Classes

Correct option is A

The correct option is (a) Maximum of ten per cent for economically weaker sections of citizens.

Explanation:

This is a specific distinction between what is mentioned in the text of the Constitution versus what is determined by executive orders or judicial rulings.

  • Article 15(6) and 16(6): These clauses were added by the 103rd Constitutional Amendment Act, 2019. The text of these articles expressly states that the State can provide reservation for Economically Weaker Sections (EWS), "subject to a maximum of ten per cent."
  • Other Categories (SC/ST/OBC): While the Constitution mandates reservation for these groups, it does not mention specific percentages like 15%, 7.5%, or 27%. Those specific figures are provided through executive orders (OMs) and were largely solidified based on the recommendations of the Mandal Commission and the 50% ceiling rule established by the Supreme Court in the Indra Sawhney case.

Information Booster:

  • The 103rd Amendment: This amendment introduced 10% reservation for EWS in both educational institutions and government jobs. It applies to those not covered under the existing reservations for SC, ST, and OBC.
  • Constitutional "Express" Mention: In legal terms, "expressly contains" means the exact words or figures are written in the Articles of the Constitution itself.
  • Janahit Abhiyan v. Union of India (2022): The Supreme Court upheld the validity of the 103rd Amendment, confirming that the 10% EWS reservation does not violate the "Basic Structure" of the Constitution.

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