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 introduced Economically Weaker Section EWS based reservation - (10%) in education and employed sections amending Articles 15 and 16.
24 words
Main Body
New dimension to the principle of Affirmative Action: Upper castes with EWS category not limited to social status - Widening the scope of reservation. Implications on goal of social justice: A Favorable: (1) Poverty alleviation and inclusivity (eg 11.29% of Indian population under Multi-dimensional poverty (MIS Aayog)). (2) Tailored approach of welfarism to downtrodden upper castes eg Backwards a. (3) Equity and social justice redistribution (eg EWS and rich with reservation breaking the vicious cycle of poverty). (4) Fair representation of EWS in educational institutions => break the vicious cycle of poverty. (5) Fair allocation of public employment opportunity => addressing the economic backwardness. B Challenges: (1) Unfavorable competition to un-reserved student and aspirants. (2) EWS reservation becoming permanent right and not just temporary social justice policy. (3) Against the universal standard of meritocracy - different benchmarks - questions on credibility. (4) Lack of empirical data - Inclusion and Exclusion challenges. (5) Reservation for socio-historical disadvantage is necessary for social mobility but EWS have stopped of political expediency.
2. EWS reservation becoming permanent right and not just temporary social justice policy. 3. Against the universal standard of meritocracy - different benchmarks - questions on credibility. 4. Lack of empirical data - Inclusion and Exclusion challenges. 5. Reservation for socio-historical disadvantage is necessary for social mobility but EWS have stopped of political expediency. 6. Rising demand of quota benefits eg Jats, Marathas, Patidar. 7. Breaching limit of India Sabhayu Judgement (seat less than 50%).
There is need of empirical data based, sunset-clause enabling and alternative Affirmative Action such as skilling, capacity building. It will empower all castes of Vichit Bharat - Poor, farmer, youth and women.
Conclusion
Affirmative action through EWS reservation requires empirical data-based approach with sunset clauses and alternative inclusive mechanisms like skilling and capacity building to truly advance social justice.
26 words
Simrandeep Kaur
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Amendments
103rd Constitutional Amendment Act 2019 - EWS Reservation
325
Total words
1
Paragraphs
critical-analytical
Tone