Question 11GS2GS2

103वें संविधान संशोधन अधिनियम, 2019 ने भारत में आरक्षण कार्यों के सिद्धांत को एक नया आयाम दिया है। सामाजिक न्याय के व्यापक लक्ष्य के लिए इसके निहितार्थों का समानुपातिक परीक्षण कीजिए। (उत्तर 250 शब्दों में दीजिए) 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

103rd CAA 2019 introduced EWS (Economically weaker seciton) new category and new dimension in spirit of positive affirmative action, shift from caste based to economically criteria based reservation.

Added new dimension

1Economic disadvantage - as primary factor of reservation

(ii) Adren-horizontal-vertical reservetty gap → provided equal opportunity to all

(iii) shift from caste sodden obscenitu to new model of economic juntha

Positive implications

1ISC idigenist affairs care) - need:

(1.1) substantive and procedural justice by EWS

(1.2) redressing historical economic disadvantage of certain neting

2Address reverse discrimination challenge - managing jar, petitioner judicial ty recent tm

3ISC also called for changing venture of basis for reservation

4Scholars argued constitutional reservation made caste-permanent feature of Indian society - thus with make caste flexible Fechy.

5providing economic justice to copper caste-poor people

6Equality of opportunity and positive treatment in govt sector and education institution

7general purpose of sustaining equality

Negative implications

1Lack of constitutional backing by constituent assembly

2making over-run - Neglecting OBC/SCP ST section.

3Economic disadvantage - can be better addressed by targeted approach (ex) Economy - never enters to resevatiu

4Usually 95% of Indian population - under EWS criteria

5political populist tool → satisfying upper caste demand / context)

6open pandora box → increasing demand on reservation.

Any reservation policy must be politically much, financially viable and socially acceptable. ISC by jimit Abhiyaan case 2912 noted positive impacts of 103rd CAA.

Negative implications (continued)

1Lack of constitutional backing by constituent assembly

2making over-run - Neglecting OBC/SCP ST section.

3Economic disadvantage - can be better addressed by targeted approach (ex) Economy - never enters to resevatiu

4Usually 95% of Indian population - under EWS criteria

5political populist tool → satisfying upper caste demand / context)

6open pandora box → increasing demand on reservation.

Any reservation policy must be politically much, financially viable and socially acceptable. ISC by jimit Abhiyaan case 2912 noted positive impacts of 103rd CAA.

— Vipulbhai Karmanbhai Chaudhary · AIR 115

336 words9 paragraphs

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Topper

Vipulbhai Karmanbhai Chaudhary

AIR 1152025

Subject & Paper

GS2GS2

Topic

Constitutional Amendments

Amendments

103rd CAA 2019 - EWS Reservation

Writing Stats

336

Total words

Paragraphs

analytical

Tone

Linked PYQ

(a) Sun Ltd and Moon Ltd were amalgamated on and from April 01, 2019. A new company called Black-Hole Ltd was formed to take over the business of the above two companies. The balance sheets of Sun Ltd and Moon Ltd as on March 31, 2019 are given below (Rs. in lakhs): Particulars | Sun Ltd | Moon Ltd - (A) Liabilities: (i) Share Capital: Equity shares of Rs.100 each: 2,000 | 1,600; 15% preference shares of Rs.100 each: 800 | 600; (ii) Revaluation Reserve: 200 | 160; (iii) General Reserve: 400 | 300; (iv) Surplus Account: 160 | 120; (v) 12% Debentures of Rs.100 each: 192 | 160; (vi) Current Liabilities: 408 | 190; Total: 4,160 | 3,130. (B) Assets: (i) Fixed Assets: 2,400 | 2,000; (ii) Current Assets, Loans and Advances: 1,760 | 1,130; Total: 4,160 | 3,130. Additional Information: (1) Preference shareholders of Sun Ltd and Moon Ltd have received the same number of 15% preference shares of Rs.100 each in the new company. (2) 12% Debentures of Sun Ltd and Moon Ltd are discharged by the new company by issuing adequate number of 16% Debentures of Rs.100 each to ensure that they continue to receive the same amount of interest. (3) Black-Hole Ltd has issued 1.5 Equity shares for each Equity share of Sun Ltd and 1 Equity share for each Equity share of Moon Ltd. The face value of shares issued by Black-Hole Ltd is Rs.100 each. You are required to prepare the balance sheet of Black-Hole Ltd as on April 01, 2019 after the amalgamation has been carried out using the 'Pooling of Interest Method'.

20M2019