EMERGING CHALLENGES IN CONSTITUTIONAL LAW TOPIC: -THE DISCOURSE OF RESERVATION COLLEGE: -AMITY LAW SCHOOL, KOLKATA AUTHOR: -SIDDHARTH ADDY CO -AUTHOR: -ANIKET BHOWMICK ABSTRACT (original) (raw)
2019, Discourse of Reservation
Reservations have had a checkered political history in the areas subjected to public employment and admission to higher educational institution. The concept of reservation is a positive discrimination and revolves around providing justice to historically disadvantaged group. Since Post Constitutional Development we have a settled principle that the reservation must be limited to 50%. Though 103rd amendment in the Constitution is the latest step in overruling the laws propounded by the Hon’ble Supreme Court ruling, (1) Economic backwardness cannot be sole discretion for reservation (2) The total reservation must not exceed 50 % criteria. The Constitution 103rd Amendment 2019 empowered the states to provide 10% reservation in areas of government employment and admission into higher educational institution for “Economically weaker section of the society” other than the backward communities in India; this would increase the total reservation by 59.50% . All this years the 50% reservation ceiling was the foundation rule which stood on the way of the demand of greater reservation by various pressure groups. This was invalidated by the 103rd amendment. The solution which shall be propounded here to legally validate the constitutionality of the103rd amendment is the amendment is contradicting or abrogating “Doctrine of basic structure” laid down by the Hon’ble Supreme Court.
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