Table of Contents
- As per Article 368 of the constitution,
- It will be effected by special majority and ratification by at least one half of state legislatures.
- Special majority requires ratification by two-third members present at the voting.
- At the time of voting, more than 50% of the total strength of the house should be present.
- With approval of both the Houses, the bill would now be sent to states for ratification by 50% of the assemblies before it comes into force.
ABOUT THE AMENDMENT
- The Indian Constitution provides for reservation of seats for the SC and ST community and representation of the Anglo-Indian community in form of nomination in the Lok Sabha and the legislative assemblies of the states.
- The provision was included for 10 years since the enactment of the Constitution on January 26, 1950.
- Later it was extended after every constitutional amendment First time it was done through 8th CAA.
- The Constitution (126th) Amendment Bill seeks to extend the reservation quota for the SC and ST community by another 10 years, till January 25, 2030.
- The bill, however, does not propose an extension of reservation quota for the Anglo-Indian community, which is also set to expire on January 25.
OBJECTIVE
- The extension of the ST-SC quota in the legislatures is being considered significant-
- To retain the inclusive character as envisioned by the founding fathers of the Constitution
- To encourage the growth of more new political leaders from the two communities.
CURRENT STATUS OF SC/ST IN LOK SABHA & STATE ASSEMBLIES
- India currently has 84 MPs from the Scheduled Caste community and 47 MPs from the Scheduled Tribe community out of 543 seats.
- In the state assemblies, there are 614 scheduled caste MLAs and 554 scheduled tribe MLAs out of 4120 seats.
WHY RESERVATION TO SC/ST?
- So the makers of our constitution thought of a special system of reserved constituencies for the weaker sections.
- The number of reserved seats is in proportion to their share in total population.
- Thus the reserved seats for SC and ST do not take away the legitimate share of any other social group.
- IS THERE A NEED FOR CHANGE IN RESERVATION POLICY?