Mr. Vivek Sharma
Law
June 2024
The constitutionality of economic reservation laws, which give preference to economically disadvantaged groups in the affirmative, has been a topic of much discussion. This assessment critically looks at how these policies comply with constitutional ideals, with a particular emphasis on how the Constitution strikes a balance between equity and equality. Reservations in India have always been made on the basis of social and educational deprivation rather than economic deprivation. A significant discussion concerning the constitutional legality of the reservation brought about by the 103rd Constitutional Amendment, 2019 arose when reserve was established for the economically poorer part. This essay critically investigates whether the Indian Constitution's fundamental construction is violated by the violation of the half-reservation cap. The author also considers the unlikely scenario that reservations may be made only on the basis of economic factors and the assumption that the 103rd Amendment broke the equality law. To appreciate the Indian judiciary's position on the 103rd Amendment's constitutional legitimacy, the author also provides insight into the dissenting and assenting decisions in the Janhit Abhiyan v. Union of India 2022 case. The article concludes that there are other ways to end poverty and assist the oppressed besides reservations, and it makes the case that violating the cap on reservations will have an impact on the rights of legitimate candidates.
484- 497
© Airo Journals 2021
