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)
Main Body
103rd Amendment was introduced on the recommendation of SR Sinha Committee. New dimension to affirmative action: 1) Introduce reservation for Economically Weaker Sections EWS - jobs, universities 2) Add Article 15(6) & 16(6) to expand reservation from existing groups i.e SC, ST, SEBC's 3) Departure from existing approach - i.e. social discrimination & historic aspect of caste system guided the affirmative action - This expands it to Economic domain.
Implications for goal of social justice: Positive: 1) Upliftment of economically deprived section among forward castes 2) Upheld Preamble's vision of Social & Economic Justice 3) 10.1 Reservation enables social mobility of economically vulnerable 4) Equitable representation in Govt jobs, administration and admission in educational institutions 5) Aligns with Article 38(2) - of minimising inequalities
Concerns: 1) Exclusionary - excludes economically weaker segments of SC/ST/OBC 2) Violates spirit of India Sawhney (1992) verdict - no reservation based on sole economic criteria 3) Violates Article 14 principle of social equality by excluding marginalized groups 4) Inadequate coverage - present criteria of 6 lakh annual income excludes many deserving individuals while 103rd Amendment was upheld by apex court in Tewahit Athiryan (2022) case, it needs to be made inclusive and in sync with present day economic realities.
Conclusion
while 103rd Amendment was upheld by apex court in Tewahit Athiryan (2022) case, it needs to be made inclusive and in sync with present day economic realities.
27 words
SAURABH SHARMA
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Amendments
103rd Constitutional Amendment - EWS Reservation
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Analytical
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