Question 11GS2GS2
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
The 103rd Amendment act, 2019 provided for 10% reservation to the Economically Weaker Sections (EWS) in government jobs and educational institution. It introduced the dimension of economic backwardness in affirmative action.
31 words
Main Body
Positive implications of EWS
1Focusing on economic justice as criteria for judging backwardness
(E) Upheld by SC in Janhit Abhiyaan v/s U.O.I case
2Recognising the value of equal protection of law under Article 14 to those that are economically backward
3Imitating economic instability as a way of coming out of backwardness
4Idea is in line with 'Creamy Layer' criteria set by SC in Indira Pushney Case for OBC
5Clarification of 10% within unreserved section has sufficient nexus with substantive equality
Negative implications of EWS
1Reducing the ambition in jobs and educational institution, may impact efficiency
1Reducing the ambition in jobs and educational institution, may impact efficiency
2Economic criteria is dynamic as people may go in and out of the state what is different in different years
3Potential nuisance due to the unreliability of income certification (E) Puja Khedkar case, saw the misuse of OBC-NCL income certificated
4Constitutional idea of reserving to socially, educationally and historically backward classes at question
5Economic justice as criteria cannot be at the same level as historical injustice due to legacy issue
Despite it's shortcoming, the EWS reservation has turned out to be a social mobility tool for those in the unreserved class for equality of equal opportunity in line with the Preamble
— Aditya Narayan H · AIR 68
218 words13 paragraphs
Conclusion
Despite it's shortcoming, the EWS reservation has turned out to be a social mobility tool for those in the unreserved class for equality of equal opportunity in line with the Preamble
31 words
Examiner score
1.65/10Open original scan
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Topper
Aditya Narayan H
AIR 68
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Amendments
103rd Amendment - EWS reservations
Writing Stats
280
Total words
13
Paragraphs
analytical
Tone