103rd Amendment Of The Constitution Of India: Pro-Equality Or Anti-Equality Code?

Sana R Goswami, Jindal Global Law School, Sonipat, Haryana, India

ABSTRACT:

Since time-immemorial, the reservation policies adopted by our Legislation have been subject to various debates. The question whether Reservations are Pro-discrimination or Anti-discrimination have always been persistent. With the establishment of the 103rd Amendment which gave way to 10% reservations for Economically Weaker Sections (EWS), there was a significant rise in the opposition against the idea of Affirmative Action. This research paper essentially analyses the historical background of such measures and the judicial pronouncements made over the years to reveal how such measures are not against the essence of Equality. The findings of multiple commissions are also used in this paper to discuss why Reservations were required to give certain advantages to those who were severely and economically disadvantaged and socially handicapped. This paper aims to unveil how Affirmative Action actually works towards attaining the Principles of Equality, Justice and Fraternity and abides by the basic structure of the Indian Constitution. The addition of several provisions and judgements of various landmark cases, conclusively, highlight an effort by the Judiciary and Parliament to maintain a balance in the Indian society while attempting to achieve the Equality code.