INDIAN CONSTITUTION AND MARGINALIZED COMMUNITIES: A CASE STUDY OF AFFIRMATIVE ACTION IN INDIA
Abstract
In November, 2022 the Constitutional Bench of the Indian Supreme Court upheld the constitutional validity of the 103rd Constitutional (Amendment) Act, 2019 by a thin majority of 3:2. The majority opined that the 103rd Constitutional Amendment Act which provided for reservation in jobs and admission in educational institutions to the Economically Weaker Sections of the society other than those belonging to Scheduled Caste, Scheduled Tribes and Other Backward Classes is constitutionally valid. The majority further ruled that the amendment is in accordance with the basic structure doctrine. Furthermore, in exceptional circumstances the reservation can go beyond 50% and there is no cap in regard to the same.
It is pertinent to note that in India, there are few issues that arouse as much passion as those around reservations. In addition to judicial independence and land redistribution, reservation policies have seen the most conflicts between legislators and courts. These arguments might swing between two extremes. They either invoke impersonal ideals that disguise the fact that reservations are specific policies that have changed the public sphere or they concentrate on the details without considering the bigger picture of the constitution. As a result, a study upon this subject becomes very important.
