Question:
Consider the following statements:
(1) Article 13(2) provides reservations to backward classes.
(2) Article 15(4) and 16(4) provide reservations for OBCs.
(3) Article 15(6) and 16(6) provide reservations to EWS of society.
(4) Article 14 provides reservation for SC & STs.
Choose the correct answer from the options given below:
(A) (1) and (2) only
(B) (2) and (3) only
(C) (3) and (4) only
(D) (4) and (1) only
Answer : (B) (2) and (3) only
Analysis of the Articles
Here is a breakdown of the constitutional articles mentioned in the statements:
- (1) Article 13(2) provides reservations to backward classes.
- Incorrect. Article 13(2) is a fundamental part of the Constitution that establishes the principle of judicial review. It states that the government cannot make any law that takes away or abridges Fundamental Rights. It does not deal with reservations.
- (2) Article 15(4) and 16(4) provide reservations for OBCs.
- Correct. These are key enabling provisions for affirmative action.
- Article 15(4) allows the State to make special provisions for the advancement of Socially and Educationally Backward Classes (SEBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs), primarily in educational institutions. SEBCs are commonly referred to as Other Backward Classes (OBCs).
- Article 16(4) allows the State to make provisions for the reservation of appointments or posts in government jobs for any “backward class of citizens” that is not adequately represented.
- Correct. These are key enabling provisions for affirmative action.
- (3) Article 15(6) and 16(6) provide reservations to EWS of society.
- Correct. These clauses were added by the 103rd Constitutional Amendment Act, 2019.
- Article 15(6) allows for up to 10% reservation for Economically Weaker Sections (EWS) in educational institutions.
- Article 16(6) allows for up to 10% reservation for EWS in government jobs.
- Correct. These clauses were added by the 103rd Constitutional Amendment Act, 2019.
- (4) Article 14 provides reservation for SC & STs.
- Incorrect. Article 14 guarantees the fundamental right to equality before the law and equal protection of the laws. It establishes the general principle of equality. While the concept of reservation is considered a tool to achieve substantive equality, the specific provisions that enable reservations for SCs and STs are located in Articles 15 and 16, not Article 14 itself.
