EWS panel in Kerala to get more teeth, draft bill ready

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Thiruvananthapuram: The Kerala Government will enact a law to rename the Kerala State Commission for Economically Backward Classes among Forward Communities and to give it more powers.

The Center has accorded 10 per cent reservation in direct recruitment in civil posts and services in the government and admission in education institutions for those falling under the Economic Weaker Sections (EWS) category, who are not covered under the reservation scheme for Scheduled Castes(SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs).

The State government's move to expand the powers of the Commission is aimed at bringing all the issues related to the 10 per cent reservation scheme under the purview of the statutory panel.

LDF to take stock, legislation to follow

The Kerala Law Reforms Commission, headed by former Supreme Court Judge Justice K T Thomas, has submitted a draft bill to form the new law. Justice M R Hariharan Nair, former chairman of the Commission for Economically Backward Classes among Forward Communities had recommended the renaming of the panel. His recommendation is also under the government's consideration.

The new law will be enacted after scrapping the Commission for the Economically Backward among Forward Communities Act, 2016. The Act was earlier passed for the formation of the Commission. Extensive discussion in the Left Democratic Front and the Cabinet will be required to replace the Act.

Though the present Commission's three-year tenure had ended in March, the government has not yet re-constituted the panel.

Non-Keralites too may gain

The State government is considering extending the benefits of reservation to non-Keralites from EWS residing in the State. This will be modelled on the reservation benefits now provided to SCs and STs among non-Keralites. The government had sought the views of the State Commission for Economically Backward Classes among Forward Communities in this regard.

Non-Keralites are now provided reservation based on three categories: 1. Those migrated to Kerala recently; 2. those who have been living in the State for years; and 3. those who are likely to return. The current reservation norms, however, do not cover the EWS among non-Keralites, including guest workers or migrant labourers from parts of the country.

When the central government accorded 10 per cent reservation to EWS by amending the Constitution (103rd amendment) in 2019, States were given the powers to implement the decision. Kerala Government then constituted the Justice K Sasidharan Commission to submit recommendations to implement 10 per cent reservation.

Based on the commission's recommendations, the State in 2020 provided reservation for those whose annual family income did not exceed Rs 4 lakh.

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