{"id":208498,"date":"2022-09-28T18:53:44","date_gmt":"2022-09-28T13:23:44","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=208498"},"modified":"2022-09-28T18:53:44","modified_gmt":"2022-09-28T13:23:44","slug":"on-reservations-for-ews-a-test-for-law-and-justice","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/on-reservations-for-ews-a-test-for-law-and-justice\/","title":{"rendered":"On reservations for EWS: a test for law and justice"},"content":{"rendered":"\n

Source<\/strong>: The post is based on an article\u00a0\u201c<\/strong>On reservations for EWS: a test for law and justice\u201d <\/strong>published in\u00a0The Hindu<\/strong>\u00a0on\u00a028th<\/sup> September 2022<\/strong>.<\/p>\n

Syllabus: GS 2 – <\/strong><\/p>\n

News: <\/strong>\u00a0<\/strong>The Supreme Court has reserved its verdict on a batch of pleas challenging the validity of the 103rd constitutional amendment.<\/p>\n

What is 103rd constitutional amendment act<\/strong><\/a>?<\/strong><\/p>\n

However, this act has been challenged in the SC and various arguments have been put forward for the opposition.<\/p>\n

Why this act has been challenged in the Supreme Court?<\/strong><\/h5>\n

According to the petitioners, the amendment violates the Constitution\u2019s basic structure. They believe that the amendment destroys the Constitution\u2019s idea of equal opportunity.<\/p>\n

Whereas, the government argues that the Constitution demands equality and there are multiple ways of providing equality. The govt. says that the power to amend include a power to decide how to guarantee equal status to all persons.<\/p>\n

What was the rationale behind the reservation?<\/strong><\/h5>\n

Reservations were first introduced by some of the princely states<\/strong> as an alleviative measure. At that time almost all government posts in the British India government were filled by the privileged castes. Thus, a system of reservations was introduced denominating communities as \u201cBackward Classes\u201d.<\/p>\n

There were debates over reservations when the Constitution was being drafted. The Constitution makers saw reservation as a tool that will help assimilate the depressed class to rise and be equal with the privileged class into public life. Marc Galanter has called this a compensatory discrimination principle.<\/p>\n

The rationale remained the same behind the introduction of the 1st Constitution\u2019s amendment<\/strong> in 1951 which allowed the state to make special provisions beyond reservations in public employment.<\/p>\n

SC in the State of Kerala v. N. M. Thomas (1975)<\/strong> case held that reservations based on social and educational backwardness, ought to be seen as an intrinsic facet of the idea of equality.<\/p>\n

Therefore, it seems that 103rd<\/sup> amendment act has not served the purpose of reservation.<\/p>\n

How does 103rd<\/sup> amendment is against the idea of equality defined in the Constitution?<\/strong><\/h5>\n

Reservations based on the economic criteria doesn\u2019t place people into a definite group requiring special privileges.<\/p>\n

This would eventually lead to dominant caste to retain their position in the administration.<\/p>\n

Therefore, 103rd amendment act infringes the purpose of equality defined by the Constitution.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on an article\u00a0\u201cOn reservations for EWS: a test for law and justice\u201d published in\u00a0The Hindu\u00a0on\u00a028th September 2022. Syllabus: GS 2 – News: \u00a0The Supreme Court has reserved its verdict on a batch of pleas challenging the validity of the 103rd constitutional amendment. What is 103rd constitutional amendment act? However, this… Continue reading On reservations for EWS: a test for law and justice<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10498],"class_list":["post-208498","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704901510},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/208498","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=208498"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/208498\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=208498"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=208498"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=208498"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}