Implications Of India’s 103rd Amendment For Economically Weaker Sections

Nakshatra Sandeep Dapse, DES Shri Navalmal Firodiya Law College, Pune

ABSTRACT

This research paper assesses the consequences of the Indian 103rd Amendment which introduced a reservation of 10% in the education and employment sectors for the economically weaker section (EWS). The purpose of the Amendment was to address socioeconomic inequalities and to increase the opportunities for marginalized groups. It examines the historical background of reservations in India, which is multifaceted in terms of caste and socio-economic dynamics. The paper also examines the legality and constitutional implications of the amendment, examining the modifications to Articles 15 and 16, which contain reservation provisions for EWS. The paper also addresses the crucial question of whether a reservation limit of 50% can be exceeded, as well as the challenges to the amendment's constitutional validity. The paper also assesses arguments concerning the compatibility of the Amendment with equality principles and the possibility of the reservation of other backward classes being violated. Finally, the paper proposes alternative strategies to uplift economically weaker sections, such as skill enhancement and targeted support, to balance the need for uplifting marginalized groups with safeguarding merit-based opportunities. The paper also looks at the drawbacks of the amendment, such as income misreporting, and the hurried implementation of the Amendment. Finally, it raises questions about the impact of the Amendment on deserving candidates. To sum up, the research paper offers a critical analysis of the objectives of the 103rd Amendment, its impact on reservation restrictions, and its possible long-term impacts on India’s social fabric.