EWS Reservation: Interpretation Of Constitutional Provisions For Supporting The Goal Of Equality
- IJLLR Journal
- Nov 21, 2023
- 1 min read
EWS Reservation: Interpretation Of Constitutional Provisions For Supporting The Goal Of Equality In Light Of Janhit Abhiyan Case
Mr. Kumar Gaurav, DME Law School, GGSIP University, New Delhi.
ABSTRACT
On January 9th, 2019, the Parliament through One Hundred and Third (103rd) Amendment to the Indian Constitution, amended Articles 15 and 16 of the Constitution, inserting 15(6) and 16(6) respectively, to extend the reservation in educational institutions and employment opportunities to economically weaker sections of society.
Since it was approved by the President of India in 2019, the amendment has been a source of controversy. It permitted the state to create special provisions for economically disadvantaged groups of society in both educational institutions and job possibilities. The Constitutional Validity of the 103rd amendment to the constitution has been questioned in as many as 20 petitions.
Constitutionality and the fundamental structural doctrine were the main topics of controversy in this case. And the constitutional bench of the Apex Court by 3:2 majority settled the controversy.
With a 3:2 split; the Supreme Court delivered its ruling on the case through a five-judge bench. The constitutionality and fundamental structural doctrine problems were the case's main points of contention.
This paper will provide a summary of the case, some key details, the Supreme Court's reasoning for its decision, the arguments advanced by both parties, and the reasons why this decision is significant for revising India's conception of reservation as a whole.
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