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
103rd Constitutional Amendment Act 2019 enabled the provision for 10% reservation in education & public employment for economically weaker sections
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Main Body
[103rd Constitutional Amendment Act 2019 enabled the provision for 10% reservation in education & public employment for economically weaker sections.]
New dimension in affirmative action:
(a) Reservation for economically disadvantaged along with socially backward section
(c) Aim to widen scope of Article 16
(d) Advancing living inequalities
Through Constitutional action. Implications for broader goal of social justice:
(A) A Right step forward
(B) Addressed gap between how & how not - 10% own govt of resources conform.
(ii) Aim to bring inclusivity in institutions.
(iii) Adders commodification of education by privatisation.
(B) However, certain loopholes are highlighted:
(i) Dilute original purpose of reservation i.e. social upliftment not economic
(ii) Excludes SC, ST, OBC might violate Article 14
(iii) Vagueness in criteria. Show for institutionalisation & taking certificates
However, Hon. J.C. highlighted following points. It addresses the changing nature of inequities. Way forward:
Conclusion
Thus, the 103rd amendment has widened scope of Social Justice
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Open original scan
Page 26
Harsh Nehara
Indian Constitution
Affirmative Action and Reservation
103rd Amendment Act - Economic Reservation
218
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