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Kiran KamateAIR 53

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)

Open scan (p.25)

Main Body

The Janlokpal Athiyayan case SRE EWS judgement of 2021-upheld the 103rd constitutional amendment - providing 10% of reservation to Economically Weaker Sections EWS Added a new dimension to affirmative action principle Going beyond 50% cap - laid out in INDIRA SATYANAREY case (1992) 1. Giving affirmative action beyond the income SEBC-ie socially and education backward class - bringing 'economic backwardness' as criteria 2. Giving affirmative action beyond the issue SEBC-ie socially - as per SC/ST/OBC carefully - there is a need to select reservation beyond the SC/ST/OBC criteria. 3. Increasing the scope of reservation - debate along with political dynamics.

Positive Implications for social justice: 1. Increasing the net of reservation - move benefit to the economically backward. 2. addressing the challenge of 'one-size-fits all' - breaking the myth that people's beyond SC/ST/OBC are well-to-do - will teach SC/ST/OBC are 'do-will' 3. as highlighted by SC/Reservation in the EWS case - justice aid not exception, to its CNM Thomas) 4. Recognising new modes of deprivation - as Baddi Trivedi in the EWS case highlighted, there is a need to select reservation beyond the SC/ST/OBC criteria. 5. Invests the representation in the institutions - S Civil service, public offices etc. Negative Implications: 1. the criteria for EWS - is labour : similar to OBC creamylegged - it is ambitary-critics 2. Misuse of EWS - by well-to-do family/ state of society - against the objective 3. Hinders/excludes SC/STs into JST - procedural teaching - by teaching SOJ, cap - unconstitutional WAY FORWARD: 1. As Madhvi HC, so said earlier @ Reservation is not a poverty alleviation scheme 2. Reservation is not the panacea - need for imparting skills/education and capability - the EWS, though a landmark, is not without flaws 'course-correction regarding the criteria will make it more fries'.

[Conclusion with analysis of EWS judgment implications, including need for institutional representation across civil services and public offices, and critical examination of the criteria for EWS implementation]

— Kiran Kamate · AIR 53

324 words1 paragraphs

Conclusion

The EWS amendment, though a landmark, has certain flaws and course-correction regarding the criteria will make it more effective.

19 words

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Topper

Kiran Kamate

AIR 53

Subject & Paper

GS2GS2

Topic

Welfare Schemes for Vulnerable Sections

Women's Social Capital and Affirmative Action

Constitutional Amendment and Affirmative Action

Writing Stats

343

Total words

1

Paragraphs

structured_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