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.

The 103 CAA, 2019 provided 10% reservation to economically weaker section by adding 1S(6) for educational institutions and 4b(6) for employment purposes. Causes of 103 CAA: - High poverty sale → 23% as per tendular committee in 2019 - Equity & health & education poverty sifters to economic poverty → A-14 ⇒ discriminar treated dissimilarly - Equality of opportunity Implications of 103CAA on social justice: - Positive → opportunity to poorer sections in General Unreserved category for education & employment - Intergenerational → opportunity to relatively development deprived to uplift future generation - Does not impact reservation in addition to 50% limit of reservation for social by weaker section - Upheld by SC in Kaushal Kishore case of affirmative action → No where 'creamy' parameter injected in constitution ⇒ expansive definition of affirmative action - Negative implication → Pandora's bowl → opens further demand of reservation @ states demend revision of 50% limit (Indira couney case)

Implications continued: - Intergenerational → opportunity to relatively development deprived to uplift future generation - Does not impact reservation in addition to 50% limit of reservation for social by weaker section - Upheld by SC in Kaushal Kishore case of affirmative action → No where 'creamy' parameter injected in constitution ⇒ expansive definition of affirmative action - Negative implication → Pandora's bowl → opens further demand of reservation @ states demend revision of 50% limit (Indira couney case) - Economic criteria - it fund & not permanent → mutual 2.3 unpaired leave to avail benefits - Abolition of SC/ST/OBC - most of the poor disproportionately below SC/ST/OBC (EN Hazaratha in 2021 judgment) - Motive of reservation was not a poverty alleviation tool but compensation for historical injustices to weaker castes. - Horizontal reservation for women & transgender needed but not done. Include ST/T/OBC way forward: - Use updated census data (2021) and economic data PLPS for accuracy in beneficiary better evaluation → avoid misuse of SWs - Limit on usage → to avoid elite capture (only bachelor degree) - 103CAA reflects inclusivity & welfare approach of India (Article 37-51) but needs proper regulation for misuse

Conclusion: 103CAA reflects inclusivity & welfare approach of India (Article 37-51) but needs proper regulation for misuse. The education is tuned in property & 'skill' in adversity, yet it should align with changing times for fruitful employment.

— Samiksha Dwivedi · AIR 56