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
The Janlokpal Athiyayan case SRE EWS judgement of 2021-upheld the 103rd constitutional amendment - providing 10% of reservation to Economically Weaker Sections EWS Added a new dimension to affirmative action principle Going beyond 50% cap - laid out in INDIRA SATYANAREY case (1992) 1. Giving affirmative action beyond the income SEBC-ie socially and education backward class - bringing 'economic backwardness' as criteria 2. Giving affirmative action beyond the issue SEBC-ie socially - as per SC/ST/OBC carefully - there is a need to select reservation beyond the SC/ST/OBC criteria. 3. Increasing the scope of reservation - debate along with political dynamics.
Positive Implications for social justice: 1. Increasing the net of reservation - move benefit to the economically backward. 2. addressing the challenge of 'one-size-fits all' - breaking the myth that people's beyond SC/ST/OBC are well-to-do - will teach SC/ST/OBC are 'do-will' 3. as highlighted by SC/Reservation in the EWS case - justice aid not exception, to its CNM Thomas) 4. Recognising new modes of deprivation - as Baddi Trivedi in the EWS case highlighted, there is a need to select reservation beyond the SC/ST/OBC criteria. 5. Invests the representation in the institutions - S Civil service, public offices etc. Negative Implications: 1. the criteria for EWS - is labour : similar to OBC creamylegged - it is ambitary-critics 2. Misuse of EWS - by well-to-do family/ state of society - against the objective 3. Hinders/excludes SC/STs into JST - procedural teaching - by teaching SOJ, cap - unconstitutional WAY FORWARD: 1. As Madhvi HC, so said earlier @ Reservation is not a poverty alleviation scheme 2. Reservation is not the panacea - need for imparting skills/education and capability - the EWS, though a landmark, is not without flaws 'course-correction regarding the criteria will make it more fries'.
[Conclusion with analysis of EWS judgment implications, including need for institutional representation across civil services and public offices, and critical examination of the criteria for EWS implementation]
Conclusion
The EWS amendment, though a landmark, has certain flaws and course-correction regarding the criteria will make it more effective.
19 words
Kiran Kamate
Welfare Schemes for Vulnerable Sections
Women's Social Capital and Affirmative Action
Constitutional Amendment and Affirmative Action
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