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
Supreme Court in Tanmit Abhiygai case has upheld the constitutional validity of lord constitutional amendment 2019 which adds a new dimension to the traditional forms of affirmatives actions like reservation in public employment (Article 16).
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Main Body
New dimension to the principle of Affirmative action (1) economic criteria for affirmative action apart from educational criteria - (9) 10% reservation to economically weaker section (2) flexibility of 50% reservation rule set in Indra Sawhney judgment (3) implementation of DPSPs via lonial amendment - give effect to
Article 16 (upliftment of weaker sections) Implications for the broader goal of social justice (1) address class - several how to economically backwards classes even among upper caste population (2) implementation of preamble idea of justice i.e. social economic and political (3) address wealth and income inequality in pursuance of DPSP Article 38 (minimum inequality) (4) innovative policy solutions for social justice - go beyond traditional means (5) evidence based decision making despite opposition from other caste sections (6) opposed by other caste sections - fear of dilution of reservation However, the Thaumae in lord constitutional amendment must address to realise full potential:- (1) irrational criteria of 8 lakh annual income (2) misuse using false certificates - Pooja Kundari case (3) dilute the importance of historical social injustices - focus on economics rather than social justice (4) domino effect - demand from other sections in private sector (5) enhanced litigation as 50% cap is breached Way forward scientific survey of 4 lakh income criteria AI, ML to identify fake certificates The president misuse must be prevented to ensure social justice in true sense.
However, the Thaumae in lord constitutional amendment must address to realise full potential: (1) irrational criteria of 8 lakh annual income (2) misuse using false certificates - Pooja Kundari case (3) dilute the importance of historical social injustices - focus on economics rather than social justice (4) domino effect - demand from other sections in private sector (5) enhanced litigation as 50% cap is breached Way forward scientific survey of 4 lakh income criteria AI, ML to identify fake certificates The president misuse must be prevented to ensure social justice in true sense.
Conclusion
The president misuse must be prevented to ensure social justice in true sense.
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Diagram
Diagram showing way forward with scientific survey of 4 lakh income criteria, AT and ML to identify fake certificates
Pawan Kumar Pandey
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Amendments
103rd Constitutional Amendment Act and Affirmative Action
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Total words
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Paragraphs
Structured with numbered points and subheadings
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