Competing Visions Of Equality: The Foundations Of Indian Affirmative Action
- IJLLR Journal
- Apr 21
- 2 min read
Sanjana, Christ (Deemed to be University)
ABSTRACT
Caste-based reservation refers to affirmative action provided to historically disadvantaged communities based on their caste identity to ensure social justice and inclusion. In contrast, the economic quota (EWS) is aimed at uplifting individuals from financially weaker backgrounds, regardless of their caste, by addressing economic disadvantage as the primary criterion.
This study dwells on the reservation scheme in India and seeks to conduct a comparative analysis between two main categories of quotas caste-based reservations on the one hand, the Economically Weaker Sections (EWS) quota. The idea of caste based reservation was to elevate the former downtrodden and alienated communities to mainstream society. At one point they were required in order to reverse centuries of injustice and they have not disappointed in providing enough people in backward castes with education, employment and a brighter chance. Nevertheless, during the present time such caste based reservations tend to discriminate against the candidates who although are weak financially, can be considered as belonging to the unreserved castes. This has brought a lot of concerns of unfairness and inclusiveness to the system.
The introduction of the 10% EWS quota by the 103rd Constitutional Amendment has taken a new route- that of identifying the economically disadvantaged and not those based on caste. This study analyzes how this attempts to offer relief to economically unstable members of cross classes who were hitherto debarred of all kinds of reservation. The various aspects of the research examine the constitutional stipulations, landmark Supreme Court verdicts, government guidelines as well as expert views to examine whether caste continues to remain the most pertinent element to be used to determine who needs to be helped by the state.
Results of the study indicate that caste might not be the most relevant measure of disadvantage in the modern India anymore. Even when they are people of the forward castes, many are not influenced by poverty and lack of access to opportunity. Meanwhile, not every person belonging to the reserved categories is disadvantaged, as it used to be any longer. Thus, the study justifies the fact that it is time to change the policy of reservation to new social and economic conditions, and to make it centered more on
poverty, financial instability, and specific need not only on the specific caste.
Keywords: Affirmative action, Economically Weaker Sections (EWS),103rd Constitutional Amendment, Positive Discrimination, Social justice.
