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
20 words
Main Body
[103rd Constitutional Amendment Act 2019 enabled the provision for 10% reservation in education & public employment for economically weaker sections.]
New dimension in affirmative action:
(a) Reservation for economically disadvantaged along with socially backward section
(b) Detailed criteria defining EWS → less than 5 lakh land, 8 lakh per annum income, ceiling etc.
(c) Aim to widen scope of Article 16
(d) Advancing living inequalities
Through Constitutional action. Implications for broader goal of social justice:
(A) A Right step forward
(B) Addressed gap between how & how not - 10% own govt of resources conform.
(ii) Aim to bring inclusivity in institutions.
(iii) Adders commodification of education by privatisation.
(B) However, certain loopholes are highlighted:
(i) Dilute original purpose of reservation i.e. social upliftment not economic
(ii) Excludes SC, ST, OBC might violate Article 14
(iii) Vagueness in criteria. Show for institutionalisation & taking certificates
However, Hon. J.C. highlighted following points. It addresses the changing nature of inequities. Way forward:
— Harsh Nehara · AIR 74
Conclusion
10 words
Open original scan
Page 26
Harsh Nehara
Indian Constitution
Affirmative Action and Reservation
103rd Amendment Act - Economic Reservation
218
Total words
2
Paragraphs
critical-analytical
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