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103rd Constitutional Amendment: Violating Constitutional Provisions Or Not?




Ananya Dixit & Ananya Ratnapriya KIIT School of Law, Bhubaneswar

ABSTRACT

Mainly this research paper aims to identify the 103rd Amendment Act, 2019, which provided a 10% reservation in education and government positions in India for a section of the General category candidates, was affirmed by the Supreme Court of India on November 7, 2022. The judgement was passed upheld with 3:2 majority. The bill was introduced in 2019 which was passed by both the houses of the parliament before getting the president's assent. In January 2019, the Indian Parliament revised the Constitution to include a 10% general category candidate reservation in government posts and education. A challenge to the amendment was made, casting doubt on the constitutionality of economic reservations1. The said amendment was upheld by the constitutional bench on 8th November 2022. In the given article we will discuss about the Economic Weaker Section of The Society, how it was introduced, what are the criteria to fall under the given amendment and why was it challenged in order to have a better understanding about the same.

Keywords: economic weaker

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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