RESERVATION OF ECONOMICALLY WEAKER SECTIONS UNDER THE CONSTITUTION 103RD AMENDMENT ACT, 2019

Abstract

The Constitution (One Hundred and Third Amendment) Act, 2019 introduced a maximum of ten percent reservation to the “economically weaker sections” of society by amending Articles 15 and 16. This shall not be applicable to the categories already mentioned under Articles 15(4) and 16(4). Through this research paper the author aims to examine this amendment’s constitutionality and whether providing reservation to economically weaker sections is actually a task of the State or is it limited to providing equal opportunity to the socially backward classes. If the answer to the former question is affirmative then what is the criteria to determine the economical weakness? As the government has itself confessed that the criteria given by it is inadequate to decide so, then it puts the amendment in a difficult position to actually get implemented. The purpose of providing reservation is doing justice to the under represented sections of society and in turn doing justice to the whole of the society. The foundation of a just society is equal liberties and equal opportunity to all. So reservation aims to put all the people at the same starting point in a race. But if a section of society has not been under represented or socially/educationally depressed, then is it upon the State to treat them unequally (positive discrimination) or is it the duty of the State to do positive action by providing assistance to those who are placed at the lower end of the economy? This paper aims to differentiate between formal and substantial equality and between positive discrimination and positive action while analysing the objective behind the amendment. The author has used primary as well as secondary sources of research to come to the conclusion that this amendment is unconstitutional and many changes are required in it if it to be implemented fruitfully.