Mains Daily Question
Jan. 8, 2024
Q.2 Discuss the salient features of the 103rd Constitutional Amendment Act, 2019. How far do you think it will help in addressing the issue of social inequality and promoting inclusive growth in the country? (10M/150W)
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Approach to the answer: This question is about the reservation of EWS and its role in addressing the issue of social inequality and promoting inclusive growth. Introduction: We can introduce the answer by briefly writing about the recent Supreme Court verdict on EWS reservation. We can also introduce by writing about the EWS reservation and how it came into existence through 103rd Constitutional Amendment Act, 2019. Body: We have to first write the key provisions of the 103rd Constitutional Amendment Act, 2019. Since the question asks us to take a stand, we need to justify how EWS reservation can address the issue of social inequality and promote inclusive growth challenges. We can quote relevant examples in support of arguments. We can conclude by quoting Dr B R Ambedkar’s view on reservation and long-term solution to address the issue of social inequality. We can also conclude by suggesting a way forward to implement EWS reservation successfully to realise the desired goal. |
Answer:
Recently, the Hon'ble Supreme Court upheld the constitutionality of the 103rd Constitutional Amendment, which provides a 10% reservation to Economically Weaker Sections (EWS) in educational institutions and government jobs.
Salient provisions of the 103rd Constitutional Amendment Act, 2019:
- Reservation for EWS: This Act amends Article 15 and Article 16 of the Constitution to provide for a 10% reservation in government jobs and educational institutions for individuals from economically weaker sections of society who are not covered by existing reservation schemes for SC/ST/OBC.
- The reservation of up to 10% for the EWS will be in addition to the existing reservation cap of 50% reservation for SC, ST and OBCs.
- Eligibility Criteria: The central government will notify the “economically weaker sections” of citizens on the basis of family income, ownership of agricultural land and residential houses.
- Constitutional recognition to EWS: For the very first time, the economic class is constitutionally recognized as a vulnerable section. It is a departure from traditional centrality of caste in deciding affirmative action.
EWS Reservation: Reducing social inequality and promoting inclusive growth
- Redefining Affirmative Action: It has also moved from a group-centric approach to a reservation policy that caters to individuals based on income parameters. For example, In Ram Singh v. Union of India case, SC asserted that social deficiencies may exist beyond the concept of caste such as economics status, gender issues etc.
- Effective Tool: Unlike caste-based reservation which harps on birth-based collective caste identity, EWS has been more convenient to identify the target group that needs affirmative action for their emancipation.
- Addressing educational and income inequality: EWS reservation is a progressive step to help economically disadvantaged citizens who are facing difficulties in attending higher education institutions and getting public employment due to financial inability.
- Progressive Narrative: It will gradually remove the stigma associated with reservation since through this step upper caste have been made the beneficiaries of the reservation.
Limitations of EWS Reservation in reducing social inequality and promoting inclusive growth
- Reservation is not a Poverty Alleviation Program: It is unclear whether the EWS reservation is based on quantifiable data demonstrating that people from lower-income groups are under-represented in government service.
- Pandora’s box of Demands: Sections of the SCs/STs and OBCs may want similar sub-categorization based on economic criteria.
- Inclusion Errors: In a country where the taxable population is still very low, identifying eligible beneficiaries and implementing economic eligibility criteria would be a bureaucratic nightmare.
As Dr. Ambedkar said that the reservations are to be seen as temporary and exceptional or they could eat up the rule of equality. So, though the reservation can be a short-term solution, the long-term solution lies in empowering the socio-economically marginalized sections of society and eliminating discrimination of all kinds to ensure social equality and promoting inclusive growth in the country.
