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Showing posts from November, 2022

Supreme Court’s judgement in EWS Case & the Continuing Debate on Affirmative Action (Part 1)

  On 7th November 2022, the Supreme Court in a 3:2 majority judgement upheld the 103rd Constitutional Amendment Act which provides for reservation to economically weaker sections (EWS). There are intense debates going on in public platforms on the verdict with sharp views on all aspects. In this essay I share my views on the Supreme Court’s judgement. The 103rd Amendment The 103rd Amendment to the Constitution reads as follows: “ In article 15 of the Constitution, after clause (5), the following clause shall be inserted, namely:— ‘(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,— (a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and (b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as s...