Question 11GS2GS2

The 103rd Constitutional Amendment Act, 2019 has introduced a new dimension to the principle of affirmative action in India. Critically examine its implications for the broader goal of social justice. (Answer in 250 words)

Introduction

The 103rd Amendment act, 2019 provided for 10% reservation to the Economically Weaker Sections (EWS) in government jobs and educational institution. It introduced the dimension of economic backwardness in affirmative action.

31 words

Main Body

Positive implications of EWS

1Focusing on economic justice as criteria for judging backwardness

(E) Upheld by SC in Janhit Abhiyaan v/s U.O.I case

2Recognising the value of equal protection of law under Article 14 to those that are economically backward

3Imitating economic instability as a way of coming out of backwardness

4Idea is in line with 'Creamy Layer' criteria set by SC in Indira Pushney Case for OBC

5Clarification of 10% within unreserved section has sufficient nexus with substantive equality

Negative implications of EWS

1Reducing the ambition in jobs and educational institution, may impact efficiency

2Economic criteria is dynamic as people may go in and out of the state what is different in different years

3Potential nuisance due to the unreliability of income certification (E) Puja Khedkar case, saw the misuse of OBC-NCL income certificated

4Constitutional idea of reserving to socially, educationally and historically backward classes at question

5Economic justice as criteria cannot be at the same level as historical injustice due to legacy issue

Despite it's shortcoming, the EWS reservation has turned out to be a social mobility tool for those in the unreserved class for equality of equal opportunity in line with the Preamble

218 words13 paragraphs

Conclusion

Despite it's shortcoming, the EWS reservation has turned out to be a social mobility tool for those in the unreserved class for equality of equal opportunity in line with the Preamble

31 words

Examiner score

1.65/10

Open original scan

Page 26

Topper

Aditya Narayan H

AIR 68

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Amendments

103rd Amendment - EWS reservations

Writing Stats

280

Total words

Paragraphs

analytical

Tone