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103RD
CONSTITUTIONAL AMENDMENT ACT, 2019
[DECODED]
PART 2
CRITICAL…
103RD
CONSTITUTIONAL AMENDMENT ACT, 2019[DECODED]
PART 2
CRITICAL ANALYSIS
CRITICISM
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LEGAL HURDLE
• THE AMENDMENT VIOLATES 50% CEILING OF INDRA SAWHNEY CASE AND ALSO ECONOMIC QUOTA WAS EARLIER HELD UNCONSTITUTIONAL BY SUPREME COURT.
CONSTITUTIONAL HURDLE
IT IS AGAINST BASIC STRUCTURE OF CONS–I.E., EQUAL PROTECTION OF LAW.
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CONSTITUTION PROVIDES AFFIRMATIVE ACTION ONLY FOR SOCIAL AND EDUCATIONAL BACKWARDNESS NOT ECONOMIC
CRITERIA
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- AMENDMENT IS AGAINST DOCTRINE OF CHECK AND BALANCE.
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POINTS IN FAVOUR
- JUSTICE FALI’S NARIMAN WHILE EXAMING ISSUE OF JATT RESERVATION
HELD THAT IT IS TIME FOR GOVERNMENT AND COURTS TO EXPLORE NEW DIMENSION OF BACKWARDNESS LIKE ECONOMIC BACKWARDNESS.
- 50% CEILING IS ONLY IN CONTEXT OF CASTE RESERVATION.
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- SINCE EARLIER A SIMILAR QUOTA FOR EWS WAS DECLARED AS NULL AND VOID BY SUPREME COURT,
IN MANDAL CASE 1992
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- RESERVATION ON ECONOMIC BASIS UNITES THE SOCIETY AS AN WHOLE RATHER THAN BEING DIVISIVE CASTE BASED RESERVATION.
- ALSO 50% CEILING SUPREME COURT HELD CAN BE BREACHED IN EXTRA ORDINARY CIRCUMSTANCE TODAY POVERTY AND UNEMPLOYMENT ARE MOST CRITICAL ISSUES.
WAY FORWARD
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→ OTHER THAN RESERVATION, GOVERNMENT MUST EXPLORE OTHER OPTIONS OF AFFIRMATIVE ACTIONS LIKE
STRENGTHEN OF EDUCATION, SKILL DEVELOPMENT AMONGST UNDER PRIVILEGED SECTION.
→ GOVT. SHOULD ENDEAVOUR TO PROVIDE MORE JOBS ONLY IN PUBLIC SECTOR BUT ALSO IN PRIVATE SECTOR AS MILLION YOUTH JOIN WORKFORCE EVERY MONTH
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CONCLUSION
→ THIS EWS RESERVATION IN INDIA MARKS SHIFT IN ELECTORAL POLITICS IN INDIA WHERE THE NARRATIVE IS SHIFTING TOWARDS
ECONOMIC ISSUES RATHER THAN CASTE BASED POLARIZATION.