Reservation Of Economically Weaker Sections Under the Constitution 103rd Amendment Act, 2019

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Srishti Dixit Soni
Published On: 31/10/2022
Volume: 8
Issue: 5
First Page: 266
Last Page: 278
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

DOI: doi.org/10.55662/JLSR.2022.8505

Cite this Article

Srishti Dixit Soni, Reservation Of Economically Weaker Sections Under the Constitution 103rd Amendment Act, 2019, Volume 8 Issue 5, Journal of Legal Studies & Research, 266-278, Published on 31/10/2022, doi.org/10.55662/JLSR.2022.8505 Available at https://jlsr.thelawbrigade.com/article/reservation-of-economically-weaker-sections-under-the-constitution-103rd-amendment-act-2019/

Abstract

The Constitution (One Hundred and Third Amendment) Act, 2019 introduced a maximum of ten per cent reservation to the “economically weaker sections” of society by amending Articles 15 and 16. This shall not be applicable to the categories already mentioned under Articles 15(4) and 16(4). Through this research paper the author aims to examine this amendment’s constitutionality and whether providing reservation to economically weaker sections is actually a task of the State or is it limited to providing equal opportunity to the socially backward classes. If the answer to the former question is affirmative, then what criteria determine the economic weakness? As the government has itself confessed that the criteria given by it are inadequate to decide so, then it puts the amendment in a difficult position to actually get implemented. The purpose of providing reservation is to do justice to the underrepresented sections of society and in turn, do justice to the whole of society. The foundation of a just society is equal liberties and equal opportunity for all. So reservation aims to put all the people at the same starting point in a race. But if a section of society has not been underrepresented or socially/educationally depressed, then is it upon the State to treat them unequally (positive discrimination) or is it the duty of the State to do positive action by providing assistance to those who are placed at the lower end of the economy? This paper aims to differentiate between formal and substantial equality and positive discrimination and positive action while analysing the objective behind the amendment. The author has used primary as well as secondary sources of research to come to the conclusion that this amendment is unconstitutional and many changes are required in it if is to be implemented fruitfully.

Keywords: Economically weaker sections, EWS quota, !03rd Amendment, Equality, Reservation, Quota, Schedules castes, Constitution, Equality of opportunity, Substantive equality, social and educational backwardness, economic backwardness, EWS reservation, constitutionality, Basic Structure

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