Assess the implications of the 103rd Constitutional Amendment, which introduced a ten per cent reservation for Economically Weaker Sections (EWS), on the principle of social justice in India.
Main Body
In the Janhit Abhiyaan case 2019, the Supreme Court upheld the validity of 103rd constitutional amendment, giving 10% reservation to economically weaker section. Implications on principle of social justice: Positive implications: 1) Addressed the 'class-based' inequalities, rather than caste 'based'. 2) Nearly 25% of India's population 4rii lives below poverty line → ensure representation of EWS in education and employment avenues. 3) Upholds constitution equality
and equal justice → recognises the weakness of low income groups → vicious cycle of poverty and low productivity → encourages participation and equality of opportunity. 4) Uphold Article 14 → equality before law & equal protection of laws, Article 46 → upliftment of weaker sections. Negative: 1) Entrenches class-based discrimination. 2) Rewuation stigma to the EWS category. 3) Issue of EWS certificates → stands. 4) Issues of income criteria to determine EWS status. Nevertheless, 103rd CAA upholds and enriches social justice and constitutional morality.
— ritika
ritika
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Amendments
103rd Constitutional Amendment - EWS Reservation
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analytical
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